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Tampa Won't Get 2nd Chance At Motorcyclist Suit

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By THOMAS W.  KRAUSE | The Tampa Tribune

Published: January 24, 2008

TAMPA - A motorcyclist who won a jury verdict for nearly $18 million against the city of Tampa is one step closer to collecting.

Circuit Judge Herbert Baumann determined this week that the city cannot have a new trial. City officials can file with the Second District Court of Appeal.

In 1996, Ramiro Companioni, a chef and Navy reservist, was riding his motorcycle when three city water trucks switched lanes, blocking traffic in front of him. He slammed into one of the trucks. The impact left him unable to bend at the waist.

Companioni filed suit against the city.

At trial, in April 2004, Companioni was awarded more than $17.9 million. The city asked for a new trial on several grounds.

Baumann ruled on only one of the city's points. He granted the city a new trial, agreeing that two jurors should have told the attorneys that they were convicted felons. Companioni appealed Baumann's decision and the higher court determined the error was harmless.

At the request of the appeals court, Baumann this week ruled on the city's remaining appeal point. He determined that a new trial was not warranted.

The city argued that Companioni's lawyer acted with misconduct during trial, that the high jury award was not supported by the facts of the case and that the judge should have told the jury that Companioni was driving without a valid license.

Baumann ruled against the city on all these points.

As a government entity, the city is liable for a maximum $100,000 of the jury award. Companioni would have to petition the Legislature for the remainder. His attorney has said Companioni's medical bills have topped $1 million.

The city has not yet paid Companioni any money. If the city appeals Baumann's decision, it could refrain from paying while that court makes a decision. If the city chooses not to appeal, it would have to pay Companioni the $100,000 immediately.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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