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Show Elwell Court Date Set to Establish Damages trial would be determined. She added that Judge Sawaya may decide to place the default judgment under advisement. The attorney said McConkie must show "excusable neglect" in not answering her complaint in order for the default to be put aside. "It should be a fairly extensive hearing," said Ms. Collard. She went on to explain that in a default judgment, all of the facts presented in the complaint, those filed against the Park City School Board, are deemed true as if they were proven during a trial. John Elwell was fired by members of the school board June 3 following a closed hearing which Elwell had requested. Superintendent Richard Good-worth Good-worth handed Elwell his recommendation recom-mendation to the school board on January 31 which said the Marsac Principal was insubordinate for several reasons. Elwell refuted Goodworth's charges which eventually even-tually culminated in the closed hearing and the school board's decision to fire Elwell. Kathryn Collard maintained throughout the proceedings there were not sufficient reasons to fire her client and that Elwell was also unfairly treated by Superintendent Good-worth. Good-worth. Meanwhile, the Park City School Board hired a principal to replace Elwell at the elementary school, Otis Falls. Collard told the Record she feels sure that John Elwell will be awarded damages in the case. "When we finally get a trial on the merits, there won't be any question we'll win," said Collard. The Record will report the outcome of Wednesday's proceedings pro-ceedings in next week's issue. The Record has learned that a . hearing was scheduled to be held involving former Marsac Elementary Elemen-tary School Principal, John Elwell, Wednesday of this week. Elwell's attorney, Kathryn Collard, Col-lard, said the purpose of the hearing was to determine damages da-mages suffered by her client as a result of being fired by the Park City School Board June 3. Shortly before the Record went .Xo press, it was confirmed through the County Courthouse in Coalville that the hearing would be before Judge James S. Sawaya in 3rd District Civil Court at the Metropolitan Hall of Justice in Salt Lake. Kathryn Collard, who is a lawyer for the American Civil Liberties Union, said she is planning to ask Judge Sawaya for a default judgment. Collard explained the default is a result of the school board's attorney, Oscar McConkie, failing to answer ans-wer her complaint which was filed in Coalville August 19. An earlier complaint filed by Collard, July 21, did not have the necessary $25 fee attached and was therefore withdrawn, even though McConkie McCon-kie had answered it asking that the charges against the school board be dismissed. McConkie withdrew his answer and Collard filed a proper complaint later which McConkie apparently never answered. Elwell's attorney said she estimated the damages in the case to be in excess of $40,000. Collard said she plans to call five witnesses to the stand, adding that she would subpoena school board member and Mayoral candidate. Jack Green, for the ' purpose of establishing Elwell's reputation as a principal in the community. The other four witnesses scheduled to testify include former Park City Superintendent, Dennis Nelson; Monty Eggertt, who works for an insurance company, Educator's Mutual; Craig Masters from Mountain Realty in Park City, and John Elwell. Collard said she would ask the court to re-enstate Elwell as Principal of Marsac Elementary School. Other damages the attorney said she planned to ask for include Elwell's loss of salary as well as incremental raises he would have received this year as principal, loss of insurance benefits, costs involved in Elwell having to find another house and other living expenses he incurred as a result of being fired, difficulty in finding another job from being fired so late in the school year, and damage to Elwell's professional reputation. Collard indicated that if the school board's attorney is present at the hearing, he could ask that the judgment on damages be set aside, at which time a date for a |