With the stroke of a judge’s order, monetary damages from former Fresno State volleyball coach Lindy Vivas’ sexual discrimination lawsuit, awarded during the summer, were slashed by $1.33 million on Friday — from $5.85 million to $4.52 million.
But Fresno State, which appealed what it considers an unfair verdict and has called for a new trial, was denied its motion for a new trial in the same ruling.
Fresno County Superior Court Judge Alan Simpson, who presided over the hearing, said the university̢۪s allegations of insufficient evidence, juror misconduct and legal errors didn̢۪t warrant a new trial.
However, Fresno State hasn̢۪t given up hope on a new trial. CSU spokeswoman Claudia Keith was quoted in The Fresno Bee as saying the CSU system was currently reviewing its legal options.
But Simpson also said a partial new trial was a possibility if Vivas doesn̢۪t accept the award reduction, according to The Fresno Bee. Vivas̢۪ attorney, Dan Siegel, said Vivas would decide within a week whether to accept or reject the new award amount.
Vivas could possibly recover part of the reduced judgment through recovery of her legal fees, which could be more than $500,000. She could present a bill to the court for that intent.
Vivas claims she was fired in 2004, after 14 years as the head women̢۪s volleyball coach, due to her advocacy for gender equity in sports and alleged discrimination due to her perceived sexual orientation. The university denies any discrimination, claiming Vivas̢۪ contract was not renewed due to her job performance as a coach.
Simpson argued that the economic loss part of the original damages award was excessive, saying he was skeptical that Vivas would have made $550,000 during a two-and-a-half-year period to justify that damage amount for future economic losses.
In all, anticipated future economic losses, as determined by the jury in Vivas̢۪ original trial, were cut from $1.8 million to $1.3 million, and future non-economic losses were reduced from $875,000 to $175,000.
The new developments in Vivas̢۪ case came within a day of the settlement of another lawsuit against the university that is also tied to athletics and sexual discrimination.
Former associate athletic director Diane Milutinovich settled her lawsuit out of court for $3.5 million Thursday afternoon, marking her lawsuit as the first of three high-profile Fresno State athletics cases working their way through the court system, to be settled.
Vivas and former women̢۪s basketball coach Stacy Johnson-Klein represent the other two cases.