Loading...
Item R4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/16/2009 - MAR Division: COWlty Attorney Bulk Item: Yes xx No - Staff Contact Person:_Bob Shillinger x3470 AGENDA ITEM WORDING: Authorization for staff to cooperate with the Florida Municipal Insurance Trust in an appeal of a final judgment in the matter of Celeste Bruno v. Monroe County, CV 07-10117. ITEM BACKGROUND: In October 2008, a jury awarded Ms. Bruno damages in the amount of $48,400.00. Following the verdict, the County filed two post trial motions seeking to overturn the verdict and either enter judgment in the County's favor or order a new trial. On August 31, 2009, the Court denied those two post trial motions. On that same day, the Court referred Ms. Bruno's motion for attorney's fees and costs to a Magistrate for disposition. In her motion, Ms. BrWlo's counsel is seeking a total award of $260,896.69 in fees and costs addition to the $48,400.00 damage award. The COWlty has challenged the amount sought as unreasonable. Once the Magistrate rules on the attorney's fees motion, the case will be ripe for an appeal. The County's insurance carrier, the Florida Municipal Insurance Trust (FMIT), has indicated that it intends to appeal the final judgment. Since the County's deductible has already been met, FMIT now "owns the claim" and thus is obligated to pay for any future costs associated with this case. FMIT has previously advised that if the County takes any steps to prejudice FMIT's appellate rights, that it could renounce coverage thus leaving the County responsible to pay the total final judgment. In short, if the County fails to cooperate or otherwise acts to prejudice the FMIT's appellate rights, the County could be liable for as much as $309,296.69. Since the cooperation of staff counsel would be of assistance to FMIT's counsel during the appeal, staff is seeking authorization to cooperate with those efforts. FMIT has indicated that it will reimburse the County for staff counsel's time at the FMIT rate. PREVIOUS RELEVANT BOCC ACTION: none CONTRACTIAGREEMENTCHANGES: wa STAFF RECOMMENDATIONS: Approval TOTAL COST: @$40.000 INDIRECT COST: N/A BUDGETED: Yes xx No - DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: none SOURCE OF FUNDS: REVENUE PRODUCING: Yes - No --.2L. AMOUNT PER MONTH_ Year - APPROVED BY: County Atty ~ OMB/Purchasing nla Risk Management n1a DOCUMENTATION: Included X Not Required "-' DISPOSITION: AGENDA ITEM # Revised 2/05 From: Jon Morrison (mailto:JMorrison@flcities.com] Sent: Tuesday, September 01,20098:46 AM To: Slavik-Maria Subject: RE: Bruno v. Monroe County Maria, I have just read the opinion and have authorized Mike Burke to proceed with the appeal. Jon ~~~~~~# ~~<'~N~...<~"_~~"~'CT~~~'~"_N~__~_~~~~~~~~'c.-+--,>+>-.-"-<>~'o-<--< From: Slavik-Maria (mailto:Slavik-Maria@MonroeCounty-FL.Gov] Sent: Tuesday, September 01,20097:33 AM To} Jon Morrison Subject: FW: Bruno v. Monroe County Jon, Please see Bob's email and advise. Thanks, 9ff;;#aflt fjJIinulh. ~ Rr:rt I1lm-f/rf:rtt-at6t< The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-268 Key West, Florida 33040 Office 305-295-3178 Fax 305-295-3179 slavik-marta@monroecountv-f1.QOV Please take a moment to complete our Customer Satisfaction Survey: http://monroecofl.virtualtownhall.netlPaaes/MonroeCoFL WebDocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e~mail communication may be subject to public disclosure. From: Shillinger-Bob Sent: Monday, August 31,20097:06 PM To:. Slavik-Maria Subject: FW: Bruno v. Monroe County Maria: Please check with the League to see if they still intend to appeal. I'm available if we need to discuss anything. Thanks.