SUBJECT/RECOMMENDATION:
Title
Approve an increase to the legal services 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 who was a private citizen. In January 2022, Giannikos 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. 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 $200,000.00, which is the sovereign immunity limit. This payment has already been authorized by the City Council and was paid from the City's central insurance fund. The exposure for taxpayers is capped at $200,000.00 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 special masters. Special masters are lawyers who serve as hearing officers. The special masters then make a non-binding recommendation to the Legislature.
On November 20, 2025, the City Council approved a legal agreement with Gray Robinson to represent the City in the defense of these claims bills. Attorney Jason Unger is an experienced lawyer with the Tallahassee office of Gray Robinson and has an exceptionally strong track record of claims bill defense. His firm's hourly rates 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. The City Council approved a not-to-exceed amount of $100,000.00.
On January 23, 2026, special masters conducted a hearing involving these claims bills. Due to the special masters hearing and the ongoing nature of this matter, it is necessary to increase the not-to-exceed amount an additional $50,000.00. The total not-to-exceed amount for these services is $150,000.00.
APPROPRIATION CODE AND AMOUNT:
This expense will be coded to 0109600-530100, Professional Services. A budget amendment may be needed later in this fiscal year to provide additional funding utilizing General Fund reserves. The operating budget of the City Attorney’s Office is funded by General Fund revenue.