It would be the third time a jury must consider the sole issue of damages in the case.
An appeals court has already upheld a verdict that Simers suffered age and disability discrimination at the newspaper.
“The misconduct of [Simer’s] counsel, which had no basis whatsoever in the evidence and violated the court’s instruction that the jury should not consider the defendant’s wealth, was so egregious, harmful and prejudicial that no instruction and admonition would have prevented the harm done and that nothing short of a new trial could or can alleviate that harm,” the judge wrote.
At the time of the jury’s decision, Simers’ attorney, Carney Shegerian, said the verdict on age and disability discrimination was a vindication for the sports columnist and his family. His lead trial lawyer, Nick Rowley, said it would eventually mean about a $22-million payout because of interest. After his health problems surfaced, Simers contended, his work came under increased scrutiny and criticism by the newspaper’s top two managers at the time — both of whom praised his writing and reporting.
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