Glasgow Daily Times, Glasgow, KY

Local News

April 3, 2009

Esters gets nothing in suit

Former Cave City council member loses court case

GLASGOW — The jury is in and a former Cave City couple’s lawsuit is out.

A civil suit brought by a former council member for Cave City, Todd Esters, and his wife, Zoeda Deskins, against seven Cave City volunteer firefighters and two others was decided in favor of the defendants Thursday evening.

The jury returned to the courtroom after deliberating for approximately one hour to deliver the verdict. No damages were awarded to the plaintiffs.

Esters and Deskins had asked for $180,000 and $90,000 respectively plus punitive damages for mental distress following two acts of vandalism that occurred at their residence on Whitney Woods Road in Cave City during October and November of 2007. Both plaintiffs broke down and cried on the witness stand as they testified about their stress levels and mental and physical problems they had experienced since the incidents.

Esters and Deskins said they were terrified for themselves and their 6-year-old son and that the nine men involved in the acts of vandalism posed a physical threat to them. On Halloween night, Oct. 31, 2007, Deskins’ 1999 Cadillac Escalade was egged and hit with a water soluble paintball pellet on the driver’s side door that left a one-foot by one-foot spot. A 30-year-old stock trailer was also hit with paintballs and toilet paper was put in bushes around the house. Deskins said the fact that the bushes were right next to their bedroom windows is what made her the most fearful.

On Nov. 17, 2007, Deskins’ vehicle and Esters’ Mustang were egged and toilet paper was put on the cars and in the bushes. Two of the tires on the Mustang were also slashed. The couple said they discussed whether or not to go to the police, but decided to wait and see if they heard anything in the community. Both said they weren’t sure the Cave City police would help them if they did report it.

Eventually they did contact Kentucky State Police Trooper Ronnie Reynolds who began an investigation.

Two of the men involved visited the couple’s home and told them what they had done and apologized. Esters, Deskins and the couple’s son were all present during the visit.

The two men testified that the meeting was not strained and the child played on the floor while they talked to the couple. Esters and Deskins had asserted that they were terrified for their safety from the two.

All nine of the defendants, Michael Bale, Jason Logsdon, Jorelle Minor, Bruce Neville, Terrell Riley, Brian Wilson, Roger Scott, Dustin Neal and Tommy Crain pleaded guilty previously in 2008 to criminal charges in district court before Judge John Alexander. Their punishment included paying restitution, fines and court costs, doing community service and writing letters of apology. Esters and Deskins received approximately $2,000 to cover damage to their property.

In court Thursday, documentation was presented on Esters’ medical visits following the vandalism. Esters went to see Dr. James P. Crews of Cave City, on Nov. 1, 2007, the day after the first incident. In a deposition, the doctor said he treated Esters for a sore heel. There was nothing in the medical record about the patient being under stress. Esters returned to Crews in January and July for other medical problems, but it wasn’t until Aug. 7, 2008, that Esters started complaining about “a lot of nausea and diarrhea” and being under “a lot of stress.”

The couple filed their lawsuit against the nine men in July 2008. Esters was also running for re-election to city council in the fall of 2008. Esters and Cave City Mayor Bob Hunt had a well-documented adversarial relationship during Esters’ first term.

Esters returned to Crews’ office on Oct. 27, 2008, just before the November election complaining of stress-related symptoms and was prescribed medication. It was noted that Esters didn’t get refills of the medication after that. It had been Esters’ contention that the vandalism caused the stress and physical problems he had. Defense attorneys brought evidence to support that any stress was because of the election.

Crews testified in his deposition that he did not refer Esters to a mental health professional for counseling. Attorneys for the defendants also pointed out that Deskins had not received any counseling either.

The couple moved to Chattanooga, Tenn., in February 2009, because of their fear, they said. But defense attorneys asked them why it took over a year for them to move if they were so afraid and why Esters would get out and campaign for re-election in the community if he was afraid of the defendants.

Both Esters and Deskins admitted during their testimony that the defendants had not been on their property or had any contact with them since the criminal cases were finalized.

The eight defense attorneys for the nine defendants pointed to greed rather than fear as the motivation for the couple’s lawsuit with one saying the case was about “nothing more than a dozen eggs, a roll of toilet paper and two tires.” They admitted that their clients may have acted stupidly in a childish, immature manner, but it was never about causing the plaintiffs severe emotional distress.

“This case isn’t about client safety. This case is about greed. This court isn’t an ATM machine. It’s not a winning lottery ticket,” said Brian Pack, attorney for Michael Bale.

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