title
Jacob T. Rodgers v. William Stormant, and City of Gainesville, d/b/a Gainesville Regional Utilities; Eighth Judicial Circuit, Case No. 2016-CA-659 (NB)
recommendation
The City Commission authorize the City Attorney to: (1) process payment of the remaining outstanding invoice in the amount of $133,209.89 for fees and costs already incurred; and (2) issue a supplemental retention letter to Holland & Knight, with an additional cap of $475,000 for fees and costs, to continue to serve as outside counsel representing the City in this litigation and the claims bill process.
explanation
On July 16, 2020, the City Commission approved the expenditure of up to $475,000 for the law firm of Holland & Knight to represent the City in connection with the above-referenced lawsuit and to advocate on the City's behalf with respect to any claims bill filed with the Legislature arising from any adverse judgment in connection with the lawsuit. As this matter proceeded to a time intensive, full jury trial (as explained below), there is an outstanding invoice in the amount of $133,209.89 for fees and costs already incurred that remains to be paid by the City. In addition, the plaintiff is now appealing the trial court remittitur (as explained below) and the claims bill process has not yet been initiated. Outside counsel has provided an updated fee and cost estimate of $475,000 for the remaining post-trial motions, appeal, and expected multi-year claims bill process; however, this does not include a new trial (if that is ordered by the Court). If that occurs, an updated estimate will be provided and the City Attorney's Office will place an item on the Commission agenda for approval of same.
History of this matter:
On October 7, 2015, a City-owned vehicle driven by a City employee collided with a vehicle carrying Plaintiff Rodgers as an unrestrained back-seat passenger. The City vehicle was assigned to the City employee as a take-home vehicle. Prior to the acci...
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