Crime & Safety

Appellate Court Denies $3.5M Appeal of Ridgewood Firefighter

Three-judge panel upheld a $3 million reduction of damages awarded to Kevin Reilly, whom a jury found was retaliated against for reporting alleged safety violations to superiors.

A state appellate court ruled Tuesday that emotional distress damages to a Ridgewood firefighter will stand at $500,000, and not the $3.5 million a jury awarded in 2012.

Kevin Reilly, on the force since 1997, filed a lawsuit in 2011 claiming the former fire chief, Jim Bombace, and others had retaliated against him for reporting two safety violations.

A Bergen County jury in Feb. 2012 found the village had violated the Contientious Employee Act in denying him promotions. The jury dismissed punitive damage claims but still awarded an overall judgment of $3.5 million for emotional distress. (Bombace denies firefighters were ever in danger.)

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Presiding trial judge Melanos Toskos, following an appeal from the village, on May 2 found the jury award to be "shockingly high" and reduced the damages to $500,000. Reilly filed a subsequent appeal, arguing the judge erred and he was at least entitled to a pro-rated percentage of the $3.5 million from the time of the jury ruling to Toskos's decision.

Toskos denied the appeal on June 19, setting in motion a final appeal before the NJ Superior Court's Appellate Court.

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The three judge panel on April 30, 2013 sided with Toskos, affirming the $500,000 judgment.

"We reject plaintiff's arguments and affirm substantially for the reasons set forth in Judge Melanos W. Toskos's comprehensive and thoughtful opinion of May 2, 2012," they wrote.

Ridgewood Fire Chief Jim Van Goor declined to comment Tuesday night. Village Manager Ken Gabbert could not immediately be reached for comment.

Reilly remains a paid Ridgewood firefighter.


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