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Reporting water violations got her fired, city worker claimed

Amount:

$537,500

Type:

Settlement

State:

Florida

Venue:

Palm Beach County

Court:

Palm Beach County Circuit Court, 15th

Injury Type(s):

mental/psychological-emotional distress

Case Type:

Employment – Retaliation, Whistleblower, Wrongful Termination

Case Name:

Christine Ferrigan v. City of Boca Raton,
No. 50-2008-CA-41456

Date:

May 28, 2014

Parties

Plaintiff(s):

Christine Ferrigan (Female)

Plaintiff Attorney(s):

David J. Marshall;
Katz, Marshall & Banks, LLP;
Washington,
DC,
for
Christine Ferrigan ■ Julie Zibulsk;
Katz, Marshall & Banks, LLP;
Washington,
DC,
for
Christine Ferrigan ■ Alison B. Asarnow;
Katz, Marshall & Banks, LLP;
Washington,
DC,
for
Christine Ferrigan

Defendant(s):

City of Boca Raton

Defense Attorney(s):

Daniel L. Abbott;
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.;
Fort Lauderdale,
FL,
for
City of Boca Raton

Facts:

In February 2008, plaintiff Christine Ferrigan, a utilities coordinator with the city of Boca Raton, reported alleged water violations to the Florida Department of Environmental Protection and the Palm Beach County Department of Health. Ferrigan, a 23-year employee with the city, was terminated from her position in December 2008. Ferrigan sued the city of Boca Raton, alleging that she was terminated in retaliation for reporting the water violations. The alleged violations that Ferrigan reported to the state and local agencies included swimming pool water being directed into a swale area; the overflow from a car/truck washing area being directed to a storm-water area; and additional steps not being taken to assure that the city’s reclaimed water system did not mix with potable drinking water. Ferrigan claimed that prior to reporting her allegations to the regulatory agencies, she reported them internally to her direct supervisors and city leadership on numerous occasions. The city denied Ferrigan’s allegations that her reports to the regulatory agencies were the cause of her termination. Defense counsel asserted that the termination resulted from her not being at work during her scheduled hours and her failure to complete her job duties. He noted that her termination was upheld by the Boca Raton Civil Service Board. He also noted that the regulatory agencies investigated her allegations regarding the water and determined that there were no violations on the part of the city.

Injury:

Ferrigan sought to recover compensatory damages for lost wages and benefits.

Result:

Prior to trial, the case was settled. The city’s insurance company agreed to pay Ferrigan $322,500, with an additional $215,000 for attorney’s fees. Thus the total settlement was $537,500.

Trial Information:

Judge:

Donald W. Hafele

Editor’s Comment:

This report is based on information that was provided by plaintiff’s and defense counsel.