“We Are Not Afraid of an Appeal” Howard Spiva WSAV

WSAV: News, Weather, and Sports for Savannah, GA

SAVANNAH, GA –

A $12-million dollar verdict is in, but the case is far from over.

We are ready.

That’s what Howard Spiva told News 3 about the City of Savannah’s decision to appeal a jury’s award to Shanta Greene.

Spiva says the decision by the city to appeal the case isn’t a surprise to him, or to Shanta.

He is ready for the next step, and confident.

“Shanta Greene and her legal team are not afraid of the city, not afraid of an appeal,” said Spiva.

Howard Spiva has a not so quiet confidence about him.

That’s because two weeks ago he took on the city and won.

He accused the city of Savannah of negligence. Saying that lack of attention by the city’s tree and parks department back in 2010 led to a tree limb from Bee road falling on the car Shanta Greene was riding in, taking her leg.

“Its a class thing, a money thing,” explains Spiva. “We have 12 million tourists who bring in billions of dollars, and we keep downtown vine free, prune trees and safe. They don’t do that for the rest of Savannah.”

Two weeks ago, a jury agreed, and gave her a $12 million decision.

The City announced Friday they will appeal.

“We are the stewards of the taxpayers’ dollars,” said Savannah Mayor Edna Jackson. “So we must make every effort to carry this as far as we feel we need to go.”

Lengths that Spiva says his team is ready for.

“They told us again and again we will pay you when a jury tells us to pay you,” says Spiva. “Now a jury has spoken and they are back to their old political tricks.

“The video depositions, the pictures, none of the evidence is changing. This case will be won no matter how many times its tried.”

The decision on whether it will be retried will soon be in the hands of an Appellate court. Until then the war of words will continue.

“As most of you know, this case has been played out in social media in many, many ways,” said Mayor Jackson. “We will not be a part of that.”

“We told them we’d go to war,” Spiva responded. “We have and we’re not stopping. We’re going to change Savannah.”

Money is a major issue in this case.

Not just the decision the jury made, but how much an appeal will cost the city of Savannah.

In addition to attorney’s fees on both sides, for every day the city doesn’t pay, they are liable for approximately $2100.

That’s about $65,000 for each month, even during the appeals process.

It could take 9-18 months for an appellate court to hear the case, and the city could try to go all the way to the State Supreme Court, which could take another 18 months.

If it goes that long, Savannah could be on the hook for as much as 2 and a half million dollars.

On top of the $12 million dollar verdict.

And if an appeals court says the case should be retried..

Spiva says he was told be several jurors they wanted to give Greene more than $12 million. The next jury would have the option to do the same and increase the verdict.

• http://www.wsav.com/story/23190833/emotional-day-in-court-for-shanta-greene