Ex-police chief wins lawsuit but gets no money

It is unlikely that there will be an appeal, the former chief's lawyer said.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- Former city police Chief Anthony Ross won his civil suit against municipal Judge Michael Bernard, but it's an empty victory in terms of money.
After three days of testimony from police officers, court employees and doctors, the three-man, five woman panel of jurors reached its verdict. The jury decided in favor of Ross, but awarded the retired top cop no monetary damages.
After hearing the verdict, Judge Bernard said he will be happy to get back on the bench and for life to return to business as usual.
"I am just relieved that it is over," he said.
What it was about
Ross was suing Judge Bernard for $25,000 stemming from an occurrence in the Girard city government building Sept. 11, 2001. According to Ross, Bernard repeatedly bumped him into a wall during a disagreement, causing injuryto his back.
Atty. Martin White, who represented Judge Bernard, said the jury's verdict reflects what Judge Bernard had been saying since the encounter took place more than four years ago: Whatever contact took place between the two men did not rise to the level of physical injury.
"I think it was the jury's way of saying that the judge did not act in an appropriate fashion for a judge, but the police chief was not hurt," he said. "This is all we were ever saying."
Atty. Ed Fitzgerald, who represented Ross, said the jury looked at the case in two parts: Was there an actual assault of some sort, and was there injury?
He said the jury was able to see that there was contact between the two men.
"Chief Ross is very happy that he was vindicated on that issue," he said.
Injury tougher to prove
Damages, Fitzgerald said, were a bit more difficult to prove.
"The second part is that we needed to prove that the back problems he had weeks later were a result. The bottom line is we were not able to do that," he said.
Ross could appeal the decision on monetary damages, but Fitzgerald said it is unlikely that will happen.
Fitzgerald said the testimony of doctors in the case was key factor in the decision.
"We had our doctors. They had theirs. Our doctor said [the injury] was related. Their doctor said it wasn't. I think that played a big part in the jury's mind," he said.
Fitzgerald also said the amount of time between the fight and Ross' complaint of pain to his doctors may have also greatly affected the outcome of the case.
jgoodwin@vindy.com