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Judge Slashes Jury's $4 Million Payout To Boy In Bullying Case

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By THOMAS W. KRAUSE, The Tampa Tribune

Published: December 19, 2007

TAMPA - Two months after a jury awarded a bullied boy $4 million, a judge has reviewed the case and cut the award to $600,000.

Hillsborough County Circuit Judge William Levens wrote in his order that the boy's attorney delivered an "improper and unfairly prejudicial" closing argument. The attorney's words, Levens wrote, were inflammatory and focused on punishment rather than the facts of the case.

On Jan. 29, 2004, then-12-year-old Danny Heidenberg was at recess when he was tackled by another boy. Heidenberg's left arm was broken in two places, causing long-term injuries, his attorneys argued at trial.

The lawsuit, filed by the boy's parents, said there was no supervision and teachers at Hillel School of Tampa knew the other child was a bully. Hillel is a private school.

In Levens' order, he quoted plaintiff's attorney David Tirella telling the jury:

•"Today is the day your verdict is going to educate the so-called educators."

•"It's got to be a large verdict to help this school understand that when you take someone's child in, you can't break promises."

•"Today's the day they get taken to the woodshed."

•"They spit on our clients."

At one point, Levens wrote, Tirella walked toward the defense table, pointed at the headmistress and called her arrogant. Such comments, Levens wrote, likely caused the jury to lose sight of the evidence in the case.

The order was filed Dec. 13 and gives Tirella 20 days to accept the new verdict or ask for a new trial.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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