City of Tampa v. Lewis

DANAHY, Judge.

Appellant, City of Tampa (the City), appeals from an order of the trial court which awarded police officer Rufus Lewis “in the service” disability benefits under a pension contract. The trial judge reversed a finding of the City’s Pension Board of Trustees (the Board) that Lewis’ disability benefits were “otherwise than in the service” under the terms of the pension contract. In its order the trial court reasoned that the City was barred by the doctrine of collateral estoppel from contesting the issue whether the injury was sustained “in the service” since that issue was decided…