Florida 2025 Regular Session

Florida House Bill H6539 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12	A bill to be entitled 1
13	13	An act for the relief of Max Giannikos by the City of 2
14	14	Clearwater; providing for an appropriation to 3
15	15	compensate Max Giannikos for injuries sustained as a 4
16	16	result of the negligence of the City of Clearwater; 5
17	17	providing a limitation on compensation and the payment 6
18	18	of attorney fees; providing an effective date. 7
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20	20	WHEREAS, in the early evening of May 28, 2019, then 16 -9
21	21	year-old Max Giannikos and his family were on va cation in 10
22	22	Clearwater, visiting from Cape Town, South Africa, when, shortly 11
23	23	after arrival, Max Giannikos, his sister, and her husband left 12
24	24	their hotel located near the northwest corner of the 13
25	25	intersection of Gulf to Bay Boulevard (S.R. 60) and U.S. Highway 14
26	26	19 and walked to the nearby Clearwater Mall, and 15
27	27	WHEREAS, the electronic traffic and pedestrian control 16
28	28	devices located at the Gulf to Bay Boulevard and U.S. Highway 19 17
29	29	intersection were owned, operated, and maintained by the City of 18
30	30	Clearwater, and 19
31	31	WHEREAS, Max Giannikos and his family members crossed from 20
32	32	the northwest to the northeast corner of the intersection, 21
33	33	beneath the overpass of U.S. Highway 19, and then proceeded from 22
34	34	the northeast to the southeast corner of the intersection, 23
35	35	crossing Gulf to Bay Boulevard, to visit local business 24
36	36	establishments to purchase dinner and shop for beach supplies, 25 
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45	45	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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47	47	and 26
48	48	WHEREAS, approximately 2 hours later, upon their return, 27
49	49	they approached the southwest corner of the intersection and 28
50	50	pressed the button at the crossw alk to activate the pedestrian 29
51	51	control device, and 30
52	52	WHEREAS, unbeknownst to Max Giannikos and his family 31
53	53	members, who were pedestrians at the time, the crosswalk buttons 32
54	54	and devices were not operating because of defective, 33
55	55	malfunctioning wiring and neglige nt maintenance, thereby causing 34
56	56	the pedestrian signal to be stuck on "Do Not Walk," and 35
57	57	WHEREAS, when they pressed the crosswalk button multiple 36
58	58	times and waited numerous light cycles to give the signal a 37
59	59	chance to change, it did not work, and 38
60	60	WHEREAS, they then walked to the southeast corner of the 39
61	61	intersection and tried to activate the pedestrian control system 40
62	62	there, with no success, and 41
63	63	WHEREAS, they looked east and west along Gulf to Bay 42
64	64	Boulevard to see if there was another crosswalk with active 43
65	65	pedestrian signals but did not see any visible crosswalks from 44
66	66	their vantage point, and 45
67	67	WHEREAS, after 30 to 45 minutes passed, they agreed they 46
68	68	had no other choice but to cross where they were, so the 47
69	69	brother-in-law timed the lights and, once he saw all th e lights 48
70	70	were red and traffic appeared to clear, all three stepped off 49
71	71	the curb and walked into the road to cross, and 50 
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80	80	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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82	82	WHEREAS, they made it about halfway across the street when 51
83	83	Max Giannikos was struck by a sports utility vehicle traveling 52
84	84	at approximately 35 miles per hour, and was catastrophically 53
85	85	injured, and 54
86	86	WHEREAS, Max Giannikos was treated by emergency medical 55
87	87	services personnel at the scene, then rushed by ambulance to St. 56
88	88	Petersburg Bayfront Medical Center in stable but critical 57
89	89	condition, and 58
90	90	WHEREAS, a traffic homicide investigation was conducted by 59
91	91	the Clearwater Police Department, which determined that the 60
92	92	pedestrian crosswalk device did, in fact, malfunction, and was 61
93	93	not operating at the time that Max Giannikos was injured, and 62
94	94	WHEREAS, witnesses who worked nearby and used the 63
95	95	crosswalks daily testified at trial that the subject pedestrian 64
96	96	crosswalk signal malfunctioned at least 10 to 15 times per year 65
97	97	and had been doing so for 10 years, and 66
98	98	WHEREAS, during trial, the plaintiff's expert wi tness 67
99	99	testified that the crosswalk buttons malfunctioned because the 68
100	100	City of Clearwater failed to perform an adequate maintenance 69
101	101	check in March 2019, and 70
102	102	WHEREAS, during discovery and at trial, documents in the 71
103	103	"Signal Cabinet Access Logs" generated near the date on which 72
104	104	Max Giannikos was injured showed that the City of Clearwater 73
105	105	rewired the crosswalk button on the southeast corner of the 74
106	106	intersection and replaced the crosswalk button on the northwest 75 
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115	115	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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117	117	corner 2 weeks and 4 weeks, respectively, after Max Giannikos 76
118	118	was critically injured, and 77
119	119	WHEREAS, at trial, the plaintiff's attorneys proved that 78
120	120	the City of Clearwater was on notice regarding the problem and 79
121	121	was negligent in maintaining the crosswalk signal, putting 80
122	122	pedestrians in unreasonable danger and being a legal cause of 81
123	123	Max Giannikos's injuries, and 82
124	124	WHEREAS, Max Giannikos remained hospitalized for more than 83
125	125	a month at St. Petersburg Bayfront Medical Center, 11 days of 84
126	126	which were spent in a coma, while his family lived at the Ronald 85
127	127	McDonald House, and 86
128	128	WHEREAS, Max Giannikos suffered life -altering traumatic 87
129	129	brain injuries, bleeds, and swelling, skull and facial 88
130	130	fractures, multiple orthopedic fractures and injuries, including 89
131	131	spinal fractures from C6 to T4, rib fractures, left leg 90
132	132	fractures, compound fractures of the right arm, right shoulder 91
133	133	fractures and dislocation, a punctured lung, and other serious 92
134	134	traumatic injuries, and 93
135	135	WHEREAS, Max Giannikos underwent numerous surgeries, and 94
136	136	his recovery has been slow, difficult, and painful, with many 95
137	137	setbacks, and 96
138	138	WHEREAS, once Max Giannikos was released from the hospital, 97
139	139	he and his family lived at the Ronald McDonald House for 6 98
140	140	months while he engaged in treatment and therapy until they ran 99
141	141	out of funds to pay for his treatment, and 100 
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150	150	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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152	152	WHEREAS, Max Giannikos has incurred more than $1.1 million 101
153	153	in medical bills and is facing $4.9 million in future medical 102
154	154	care costs, and total economic damages amount to more than $10 103
155	155	million, and 104
156	156	WHEREAS, Max Giannikos's current diagnosis includes 105
157	157	permanent brain injuries , posttraumatic epilepsy, severe 106
158	158	cognitive and behavioral impairments, disfigurement, severe 107
159	159	radiating neck and back pain, arthritis, limited range of 108
160	160	motion, and other orthopedic and neurological disorders, as well 109
161	161	as severe posttraumatic psychological in juries, and 110
162	162	WHEREAS, the City of Clearwater had a duty of care to 111
163	163	reasonably maintain and operate the pedestrian signals at the 112
164	164	subject intersection and failed to do so when Max Giannikos was 113
165	165	injured, and 114
166	166	WHEREAS, due to the City of Clearwater's negligen ce, Max 115
167	167	Giannikos was unreasonably left to cross the intersection 116
168	168	unaided by operable crosswalk signals, which, but for the 117
169	169	inoperable condition of the crosswalk signals, Max Giannikos 118
170	170	would not have been injured, and 119
171	171	WHEREAS, the City of Clearwater's neg ligent maintenance of 120
172	172	the crosswalk signals at the location where Max Giannikos was 121
173	173	injured was a legal cause of the collision that injured him, and 122
174	174	WHEREAS, Max Giannikos filed a lawsuit against the City of 123
175	175	Clearwater which was tried before a Pinellas Co unty jury in the 124
176	176	circuit court for the Sixth Judicial Circuit beginning September 125 
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185	185	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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187	187	9, 2024, and on September 13, 2024, the jury found Max 126
188	188	Giannikos's total damages to be $38,496,781.68, with the City of 127
189	189	Clearwater's negligence to be 45 percent and Max Giann ikos to be 128
190	190	55 percent comparatively negligent, and 129
191	191	WHEREAS, based on the jury verdict, the trial court entered 130
192	192	a final judgment in the amount of $17,323,551.76 on September 131
193	193	20, 2024, in favor of Max Giannikos and against the City of 132
194	194	Clearwater, and 133
195	195	WHEREAS, on January 6, 2025, following posttrial motions 134
196	196	and oral arguments, the trial court entered an amended final 135
197	197	judgment in the amount of $15,687,889.50, and 136
198	198	WHEREAS, on January 6, 2025, the trial court entered agreed 137
199	199	orders granting the claimant's motio n to entitlement to attorney 138
200	200	fees in the amount of $249,460 and taxable costs in the amount 139
201	201	of $99,832.99, and an agreement to taxable interest at the rate 140
202	202	of 9.46 percent annually, all of which the parties negotiated 141
203	203	and agreed to, and 142
204	204	WHEREAS, the City of Clearwater is insured with a Lloyd's 143
205	205	of London policy with a limit of $7 million for this claim, and 144
206	206	WHEREAS, before the trial began, Max Giannikos's attorneys 145
207	207	offered to settle the case for an amount within the policy 146
208	208	limits, but the insurance company refused to settle and made no 147
209	209	counteroffer, thereby exposing the City of Clearwater to an 148
210	210	excess judgment and claim of $16,037,182.50, plus interest of 149
211	211	9.46 percent annually, NOW, THEREFORE, 150 
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220	220	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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222	222	151
223	223	Be It Enacted by the Legislature of the State of Florida: 152
224	224	153
225	225	Section 1. The facts stated in the preamble to this act 154
226	226	are found and declared to be true. 155
227	227	Section 2. The City of Clearwater is authorized and 156
228	228	directed to appropriate from funds not otherwise encumbered and 157
229	229	to draw a warrant in the sum of $16,037,182 .50, plus interest at 158
230	230	the rate of 9.46 percent annually as agreed to by the parties 159
231	231	and to be calculated by the trial court, payable to Max 160
232	232	Giannikos as compensation for injuries and damages sustained. 161
233	233	Section 3. The amount paid by the City of Clearwat er 162
234	234	pursuant to s. 768.28, Florida Statutes, and the amount awarded 163
235	235	under this act are intended to provide the sole compensation for 164
236	236	all present and future claims arising out of the factual 165
237	237	situation described in this act which resulted in injuries and 166
238	238	damages to Max Giannikos. The total amount paid for attorney 167
239	239	fees relating to this claim may not exceed 25 percent of the 168
240	240	total amount awarded under this act. 169
241	241	Section 4. This act shall take effect upon becoming a law. 170