Florida HB 6513: Relief/Reginald Jackson/City of Lakeland
Status: Died in Civil Justice and Claims Subcommittee (as of 2018-03-10)
State: Florida · Session: 2018 · Bill: HB 6513
Subjects: relief bills
Sponsors: Alexander
Bill Text
HB 6513 2026 CODING: Words stricken are deletions; words underlined are additions. hb6513-00 Page 1 of 8 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 A bill to be entitled 1 An act for the relief of Maximus Giannikos by the City 2 of Clearwater; providing for an appropriation to 3 compensate Maximus Giannikos for injuries sustained as 4 a result of the negligence of the City of Clearwater; 5 providing a limitation on the payment of compensation 6 and attorney fees; providing an effective date. 7 8 WHEREAS, in the early evening of May 28, 2019, then 16-9 year-old Maximus Giannikos and his family were on vacation in 10 Clearwater, visiting from Cape Town, South Africa, when, shortly 11 after their arrival, Maximus Giannikos, his sister, and her 12 husband left their hotel located near the northwest corner of 13 the intersection of Gulf to Bay Boulevard and U.S. Highway 19 14 and walked to the nearby Clearwater Mall to eat dinner and shop 15 for beach supplies, and 16 WHEREAS, the electronic traffic and pedestrian control 17 devices located at the Gulf to Bay Boulevard and U.S. Highway 19 18 intersection were operated and maintained by the City of 19 Clearwater, and had a documented history of malfunctioning from 20 time to time, and 21 WHEREAS, the interchange where U.S. Highway 19 intersects 22 with Gulf to Bay Boulevard is a significant, high-volume 23 transportation corridor where U.S. 19 goes over Gulf to Bay 24 Boulevard with service ramps, and is a complex design requiring 25 HB 6513 2026 CODING: Words stricken are deletions; words underlined are additions. hb6513-00 Page 2 of 8 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 continuous, regular inspections and maintenance of all signal 26 devices and signage to move large volumes of traffic and 27 pedestrians safely and efficiently, and 28 WHEREAS, Maximus Giannikos and his family members crossed 29 from the northwest to the northeast corner of the intersection, 30 beneath the overpass of U.S. Highway 19, and then proceeded from 31 the northeast to the southeast corner of the intersection, 32 crossing Gulf to Bay Boulevard, without any problem using the 33 pedestrian control device, and 34 WHEREAS, approximately 2 hours later, as they returned, 35 they approached the southwest corner of the intersection at Gulf 36 to Bay Boulevard and pressed the button at the crosswalk to 37 activate the pedestrian control device, and 38 WHEREAS, unbeknownst to Maximus Giannikos and his family 39 members, who were pedestrians at the time, the crosswalk buttons 40 and devices were not operating because of defective, 41 malfunctioning wiring and negligent maintenance by the City of 42 Clearwater, thereby causing the pedestrian signal to be stuck on 43 "Do Not Walk" at that location, and so the signal never changed, 44 and 45 WHEREAS, they pressed the button multiple times and waited 46 numerous light cycles to give the signal a chance to change, but 47 it did not change, and 48 WHEREAS, they then walked to the southeast corner of the 49 intersection and tried to activate the pedestrian control system 50 HB 6513 2026 CODING: Words stricken are deletions; words underlined are additions. hb6513-00 Page 3 of 8 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 there, with no success, and 51 WHEREAS, they looked east and west along Gulf to Bay 52 Boulevard to see if there was another crosswalk with active 53 pedestrian signals but did not see any visible crosswalks from 54 their vantage point, and 55 WHEREAS, after 30 to 45 minutes passed, they agreed they 56 had no other choice but to cross where they were, so the 57 brother-in-law timed the lights and, once he saw all the lights 58 were red and traffic appeared to clear, all three stepped off 59 the curb and walked into the road to cross, and 60 WHEREAS, they made it about halfway across the street when 61 Maximus Giannikos was struck by a sport utility vehicle 62 traveling at approximately 35 miles per hour and was 63 catastrophically injured, and 64 WHEREAS, Maximus Giannikos was treated by emergency medical 65 services personnel at the scene, then rushed by ambulance to St. 66 Petersburg Bayfront Medical Center in stable but critical 67 condition, and 68 WHEREAS, a traffic homicide investigation was conducted by 69 the Clearwater Police Department, which determined that the 70 pedestrian crosswalk device did, in fact, malfunction, and was 71 not operating at the time that Maximus Giannikos was injured, 72 and 73 WHEREAS, a fact that witnesses who worked nearby and used 74 the crosswalks daily testified at trial that the subject 75 HB 6513 2026 CODING: Words stricken are deletions; words underlined are additions. hb6513-00 Page 4 of 8 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 pedestrian crosswalk signal malfunctioned at least 10 to 15 76 times per year and had been doing so for 10 years, and 77 WHEREAS, during trial, plaintiff's expert witness testified
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