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,
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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
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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.