SUBJECT/RECOMMENDATION:
Title
Approve legal representation agreement with Gray Robinson to defend claims bills relating to plaintiff Maximus Giannikos. (consent)
Body
SUMMARY:
Plaintiff Maximus Giannikos was a pedestrian crossing Gulf to Bay Blvd at a crosswalk in May 2019. The crosswalk signal was red, indicating he should not cross. The plaintiff was struck by an oncoming motorist; the vehicle was driven by a private citizen. In January 2022, he sued the City. He alleged that the City negligently maintained the crosswalk signal, forcing it to be stuck on red. A jury trial was held in September 2024, with Senior Asst. City Attorney Michael Fuino representing the City. At the conclusion of the trial, the jury found the plaintiff 55% responsible for his own injuries, and the City 45% at fault. Given the severity of the plaintiff's injuries, this apportionment resulted in an amended final judgment against the City in the amount of $15,687,889.50.
Pursuant to Florida law, the judgment directed the City to pay the plaintiff $200,000 - the sovereign immunity limit. This payment has already been authorized by the City Council, to be paid from the City's central insurance fund. That payment was temporarily on hold while Mr. Fuino appealed the judgment on behalf of the City. The appellate court has now affirmed the verdict and judgment.
The exposure for taxpayers is capped at $200,000 unless the Legislature increases that exposure via claims bill. Two claims bills have been filed this session: HB6413 and SB12. When claims bills are filed, the Florida Legislature typically refers them to a special master. The special master is a lawyer who serves as a hearing officer. The special master will conduct a bench trial de novo, meaning a brand new trial. The special master then makes a non-binding recommendation to the Legislature. The City has been advised by its lobbyists at Johnston & Stewart that the City is expected to participate in the special master process. The special master has reached out to the City to begin this coordination.
With Mr. Fuino's departure from the City, the City must engage outside legal defense. Attorney Jason Unger is an experienced lawyer with the Tallahassee office of Gray Robinson. Mr. Unger is available to assist the City immediately, and has an exceptionally strong track record of claims bill defense. His firm's hourly rates are attached; they are the same rates he charges the Orange County Sheriff's Office for claims bill defense, and lower than the rates he charges the Preferred Government Insurance Trust (PGIT). The City Attorney's Office has been advised that the total cost for this representation is estimated at $50,000. However, the speed at which legislation is considered will require immediate action and responsiveness in the event of unexpected developments. For that reason, the City Attorney's Office recommends approving this engagement with a not-to-exceed appropriation of $100,000. A future budget amendment will almost certainly be needed to pay this expense.
APPROPRIATION CODE AND AMOUNT:
This expense will be coded to 0109600-530100, Professional Services. A budget amendment will be needed later in fiscal year 2025/2026 to provide additional funding utilizing General Fund reserves. The operating budget of the City Attorney’s Office is funded by General Fund revenue.