The trial to decide a nearly 14-year-old gender discrimination civil lawsuit filed by three firefighters against the Toledo Fire and Rescue Department and city of Toledo was suspended Thursday after one of the women suffered a medical emergency during a break.
The proceedings in Lucas County Common Pleas Court were called off Thursday by Judge Linda Jennings in the fourth day of testimony because a few jurors saw the incident, which could potentially taint the jury.
The lawsuit involves three Toledo firefighters — Capt. Carla Stachura and Pvts. Judi Imhoff and Geraldine McCalland — who say they were discriminated against for their gender and are accusing the city of Toledo and the fire department of creating a hostile work environment.
About 2:30 p.m., Capt. Stachura — the third plaintiff to testify — began having difficulties answering some questions on the stand, and her attorney, Terry Lodge, suggested it was an appropriate time to take the afternoon break. The attorney described his client as disoriented and said she staggered back to her seat at the plaintiff’s table.
“I could tell she was not in a good position to proceed,” Mr. Lodge said.
While Ms. Stachura was sitting in a chair, she suddenly slumped over, and Ms. McCalland called out for someone to call 911. Ms. McCalland and Ms. Imhoff eased Ms. Stachura to the floor as the captain began sobbing.
At the same time, jurors were leaving the courtroom for the break, but some saw the incident.
“The concern is, does that more or less create sympathy for one side or the other, therefore, can the jurors put it out of their mind?” Mr. Lodge said.
The attorneys deliberated with Judge Jennings about bringing the jury back Friday to question them individually and determine whether the incident affected their judgment or perception of the case, Mr. Lodge said. The final decision, however, was to suspend and end the trial.
Many of Ms. Stachura’s fellow firefighter/paramedics, including Gina Shubeta — a witness in the case who was waiting in the hallway — came to her side to evaluate her while on-duty crews arrived at the courthouse.
Ms. Stachura declined to be treated by first responders and indicated she wished to continue testifying. She sobbed as she learned the trial was not going forward.
Her fellow plaintiffs soothed her, and Ms. McCalland even sang to her as she held a wet cloth to the back of her neck. Many of the plaintiffs and witnesses cried and hugged each other while leaving the courtroom. Mr. Lodge said those involved in the case are “very upset.”
The attorneys will meet Thursday for a pretrial hearing.
Specifically named in the lawsuit are former chiefs Michael Bell and Michael Wolever, along with former deputy chiefs John Coleman and Robert Metzger.
All three women claim department officials failed to take action after co-workers subjected them to verbal abuse and sexually demeaning language.
City attorneys deny the women’s claims in documents filed with the court.
The case was originally filed in 2005, but a lengthy court process led to a dismissal. The case was refiled in July, 2015.
First Published April 26, 2019, 12:11 a.m.
