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City Denied New Trial In Cycle Case

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By THOMAS W. KRAUSE, The Tampa Tribune

Published: January 25, 2008

Updated: 01/24/2008 11:34 pm

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 lawyers said they expect to file with the 2nd 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 sued 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 appellate court, Baumann this week ruled on the city's remaining appeal points.

He ruled against them and determined a new trial is not warranted.

The city argued that Companioni's attorney committed 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, Dominic Fariello, has said Companioni's medical bills have topped $1 million.

The city has not 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.
Fariello said Companioni has outstanding debts to medical providers.

If the city paid him the money, he would never see any of it. His only hope for compensation is through the Legislature.

Currently, Companioni works as a hot dog vendor outside Raymond James Stadium and does part-time catering. Despite pain and persistent medical problems, his attorney said, Companioni is not sitting idle on disability.

Even while working, bills are piling up, Fariello said. Companioni has had surgeries as recently as a few months ago.

"He's not making a lot of money," Fariello said.

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

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