Florida Senate - 2026                              (NP)    SB 12
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00046B-26                                            202612__
    1                        A bill to be entitled                      
    2         An act for the relief of Maximus Giannikos by the City
    3         of Clearwater; providing for an appropriation to
    4         compensate Maximus Giannikos for injuries sustained as
    5         a result of the negligence of the City of Clearwater;
    6         providing a limitation on the payment of compensation
    7         and attorney fees; providing an effective date.
    8  
    9         WHEREAS, in the early evening of May 28, 2019, then 16
   10  year-old Maximus Giannikos and his family were on vacation in
   11  Clearwater, visiting from Cape Town, South Africa, when, shortly
   12  after their arrival, Maximus Giannikos, his sister, and her
   13  husband left their hotel located near the northwest corner of
   14  the intersection of Gulf to Bay Boulevard and U.S. Highway 19
   15  and walked to the nearby Clearwater Mall to eat dinner and shop
   16  for beach supplies, and
   17         WHEREAS, the electronic traffic and pedestrian control
   18  devices located at the Gulf to Bay Boulevard and U.S. Highway 19
   19  intersection were operated and maintained by the City of
   20  Clearwater, and had a documented history of malfunctioning from
   21  time to time, and
   22         WHEREAS, the interchange where U.S. Highway 19 intersects
   23  with Gulf to Bay Boulevard is a significant, high-volume
   24  transportation corridor where U.S. 19 goes over Gulf to Bay
   25  Boulevard with service ramps, and is a complex design requiring
   26  continuous, regular inspections and maintenance of all signal
   27  devices and signage to move large volumes of traffic and
   28  pedestrians safely and efficiently, and
   29         WHEREAS, Maximus Giannikos and his family members crossed
   30  from the northwest to the northeast corner of the intersection,
   31  beneath the overpass of U.S. Highway 19, and then proceeded from
   32  the northeast to the southeast corner of the intersection,
   33  crossing Gulf to Bay Boulevard, without any problem using the
   34  pedestrian control device, and
   35         WHEREAS, approximately 2 hours later, as they returned,
   36  they approached the southwest corner of the intersection at Gulf
   37  to Bay Boulevard and pressed the button at the crosswalk to
   38  activate the pedestrian control device, and
   39         WHEREAS, unbeknownst to Maximus Giannikos and his family
   40  members, who were pedestrians at the time, the crosswalk buttons
   41  and devices were not operating because of defective,
   42  malfunctioning wiring and negligent maintenance by the City of
   43  Clearwater, thereby causing the pedestrian signal to be stuck on
   44  “Do Not Walk” at that location, and so the signal never changed,
   45  and
   46         WHEREAS, they pressed the button multiple times and waited
   47  numerous light cycles to give the signal a chance to change, but
   48  it did not change, and
   49         WHEREAS, they then walked to the southeast corner of the
   50  intersection and tried to activate the pedestrian control system
   51  there, with no success, and
   52         WHEREAS, they looked east and west along Gulf to Bay
   53  Boulevard to see if there was another crosswalk with active
   54  pedestrian signals but did not see any visible crosswalks from
   55  their vantage point, and
   56         WHEREAS, after 30 to 45 minutes passed, they agreed they
   57  had no other choice but to cross where they were, so the
   58  brother-in-law timed the lights and, once he saw all the lights
   59  were red and traffic appeared to clear, all three stepped off
   60  the curb and walked into the road to cross, and
   61         WHEREAS, they made it about halfway across the street when
   62  Maximus Giannikos was struck by a sport utility vehicle
   63  traveling at approximately 35 miles per hour and was
   64  catastrophically injured, and
   65         WHEREAS, Maximus Giannikos was treated by emergency medical
   66  services personnel at the scene, then rushed by ambulance to St.
   67  Petersburg Bayfront Medical Center in stable but critical
   68  condition, and
   69         WHEREAS, a traffic homicide investigation was conducted by
   70  the Clearwater Police Department, which determined that the
   71  pedestrian crosswalk device did, in fact, malfunction, and was
   72  not operating at the time that Maximus Giannikos was injured,
   73  and
   74         WHEREAS, a fact that witnesses who worked nearby and used
   75  the crosswalks daily testified at trial that the subject
   76  pedestrian crosswalk signal malfunctioned at least 10 to 15
   77  times per year and had been doing so for 10 years, and
   78         WHEREAS, during trial, plaintiff’s expert witness testified
   79  that the crosswalk buttons malfunctioned because the City of
   80  Clearwater failed to perform an adequate maintenance check
   81  during March 2019, and
   82         WHEREAS, during discovery and at trial, documents in the
   83  Signal Cabinet Access Logs generated near the date that Maximus
   84  Giannikos was injured showed that the City of Clearwater rewired
   85  the button on the southeast corner of the intersection and
   86  replaced the button on the northwest corner 2 weeks and 4 weeks,
   87  respectively, after Maximus Giannikos was critically injured,
   88  and
   89         WHEREAS, at trial, the plaintiff’s attorneys proved that
   90  the City of Clearwater was on notice regarding the problem and
   91  was negligent in maintaining the signal, putting pedestrians in
   92  unreasonable danger and being a legal cause of Maximus
   93  Giannikos’s injuries, and
   94         WHEREAS, Maximus Giannikos remained hospitalized for more
   95  than a month at St. Petersburg Bayfront Medical Center, 11 days
   96  of which were spent in a coma, while his family lived at the
   97  Ronald McDonald House, and
   98         WHEREAS, Maximus Giannikos suffered life-altering traumatic
   99  brain injuries, bleeds, and swelling, skull and facial
  100  fractures, multiple orthopedic fractures and injuries, including
  101  spinal fractures from C6 to T4, rib fractures, left leg
  102  fractures, compound fractures of the right arm, right shoulder
  103  fractures and dislocation, a punctured lung, and other serious
  104  traumatic injuries, and
  105         WHEREAS, Maximus Giannikos underwent numerous surgeries,
  106  and his recovery has been slow, difficult, and painful, with
  107  many setbacks, and
  108         WHEREAS, once Maximus Giannikos was released from the
  109  hospital, he and his family lived at the Ronald McDonald House
  110  for 6 months while he engaged in treatment and therapy until
  111  they ran out of funds to pay for his treatment, and
  112         WHEREAS, Maximus Giannikos has incurred more than $1.1
  113  million in medical bills and is facing $4.9 million in future
  114  medical care costs, and total economic damages amount to more
  115  than $10 million, and
  116         WHEREAS, Maximus Giannikos’s current diagnosis includes
  117  permanent brain injuries, posttraumatic epilepsy, severe
  118  cognitive and behavioral impairments, disfigurement, severe
  119  radiating neck and back pain, arthritis, limited range of
  120  motion, and other orthopedic and neurological disorders, as well
  121  as severe posttraumatic psychological injuries, and
  122         WHEREAS, the City of Clearwater had a duty of care to
  123  reasonably maintain and operate the pedestrian signals at the
  124  subject intersection and had failed to do so at the time Maximus
  125  Giannikos was injured, and
  126         WHEREAS, due to the City of Clearwater’s negligence,
  127  Maximus Giannikos was unreasonably left to cross the
  128  intersection unaided by operable crosswalk signals, which but
  129  for the inoperable condition of the crosswalk signals, Maximus
  130  Giannikos would not have been injured, and
  131         WHEREAS, the City of Clearwater’s negligent maintenance of
  132  the crosswalk signals at the location where Maximus Giannikos
  133  was injured was a legal cause of the collision that injured him,
  134  and
  135         WHEREAS, Maximus Giannikos filed a lawsuit against the City
  136  of Clearwater which was tried before a Pinellas County jury in
  137  the circuit court for the Sixth Judicial Circuit beginning
  138  September 9, 2024, and on September 13, 2024, the jury found
  139  Maximus Giannikos’s total damages to be $38,496,781.68, with the
  140  City of Clearwater’s negligence to be 45 percent and Maximus
  141  Giannikos’s negligence to be 55 percent, comparatively, and
  142         WHEREAS, based on the jury verdict, the court entered a
  143  final judgment in the amount of $17,323,551.76 in favor of
  144  Maximus Giannikos and against the City of Clearwater, and
  145         WHEREAS, on January 6, 2025, following post-trial motions
  146  and oral arguments, the trial court entered an Amended Final
  147  Judgment in the amount of $15,687,889.50, and
  148         WHEREAS, pursuant to a negotiated agreement by the parties,
  149  on January 6, 2025, the trial court entered an Agreed Order to
  150  claimant’s motion to entitlement to attorney fees in the amount
  151  of $249,460, taxable costs in the amount of $99,832.99, and the
  152  parties’ agreement to taxable post-judgment interest at the rate
  153  of 9.46 percent annually, all of which the parties negotiated
  154  and agreed to, and
  155         WHEREAS, the City of Clearwater is insured with a Lloyd’s
  156  of London policy having a limit of $7 million for this claim,
  157  and
  158         WHEREAS, before the trial began, Maximus Giannikos’s
  159  attorneys offered to settle the case for an amount within the
  160  policy limits, but the insurance company refused to settle and
  161  made no counteroffer, thereby exposing the City of Clearwater to
  162  an excess judgment of $16,037,182.49, plus interest of 9.46
  163  percent annually, NOW, THEREFORE,
  164  
  165  Be It Enacted by the Legislature of the State of Florida:
  166  
  167         Section 1. The facts stated in the preamble to this act are
  168  found and declared to be true.
  169         Section 2. The City of Clearwater is authorized and
  170  directed to appropriate from funds not otherwise encumbered and
  171  to draw a warrant in the sum of $16,037,182.49, plus post
  172  judgment interest at the rate of 9.46 percent annually, as
  173  agreed to by the parties and to be calculated by the trial
  174  court, payable to Maximus Giannikos as compensation for injuries
  175  and damages sustained due to the negligence of the City of
  176  Clearwater.
  177         Section 3. The amount paid by the City of Clearwater
  178  pursuant to s. 768.28, Florida Statutes, and the amount awarded
  179  under this act are intended to provide the sole compensation for
  180  all present and future claims arising out of the factual
  181  situation described in this act which resulted in injuries and
  182  damages to Maximus Giannikos. The total amount paid for attorney
  183  fees relating to this claim may not exceed 25 percent of the
  184  total amount awarded under this act.
  185         Section 4. This act shall take effect upon becoming a law.