Ellerbrook, City fight over new trial, attorney fees - KCBD NewsChannel 11 Lubbock

Ellerbrook, City fight over new trial, attorney fees

James Clark - email

LUBBOCK, TX (KCBD) - Last week KCBD NewsChannel 11 reported that the city asked a federal judge to throw out the Martha Ellerbrook jury verdict.  Ellerbrook's attorneys are fighting back. 

Last month a jury awarded Ellerbrook  $243,000 for her claim that she was passed over for a job in late 2007 as retaliation for helping her husband sue the city.  In early 2010, Ellerbrook was hired for a different job; Director Of Animal Control Services. 

The city claims that no reasonable jury could conclude that Ellerbrook was the victim of retaliation.  Ellerbrook's attorneys argue that the city already tried this argument once and was over-ruled.  

The two sides are also fighting over attorney fees.  Ellerbrook's attorneys asked that the city be forced to pay $268,000, which is more money than Ellerbrook herself stands to get in the jury verdict.  The city claims that her attorneys are attempting to charge more than they're really worth on an hourly basis.

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