SUBJECT/RECOMMENDATION:
Title
Request authority to appeal an amended final judgment against the City in the case of Giannikos v. City of Clearwater (Case No. 22-424-CI).
Body
SUMMARY:
On May 28, 2019, Maximus Giannikos crossed the intersection of US19 and Gulf-to-Bay Blvd. when he was struck by a car driven by a private citizen who was not affiliated with the City. Mr. Giannikos then initiated a lawsuit against the City on January 26, 2022.
The case proceeded to a jury trial that occurred between September 9, 2024 and September 13, 2024. The trial was bifurcated with the issue of liability tried first. The jury returned a liability verdict finding the plaintiff 55% at fault for his own harm. Had the accident happened today, the liability verdict would have resulted in a judgment in favor of the City. Since it did not, the case proceeded to a damages trial where the jury returned a verdict more than the statutory cap.
The City filed four post-verdict motions. One was granted by the trial court but the other three were denied. The trial court then rendered an amended final judgment in Mr. Giannikos’s favor.
The City Attorney’s Office believes that the City’s position at trial and its post-verdict motions were meritorious and that the City should appeal the amended judgment to the Second District Court of Appeal.
APPROPRIATION CODE AND AMOUNT:
Funds are available in the Central Insurance Fund code 5907590-545900, Insurance Claims-Liability. The Central Insurance Fund is an internal service fund of the City.
