Attorney Michael Politis remains accused of mishandling injured former detective’s money
A case involving a former Port Orange Police detective seriously injured in an off-duty motorcycle crash took another turn Tuesday during a hearing over a lawsuit against well-known local attorney Michael Politis.
Politis unsuccessfully attempted to seal the case from public view last week. Circuit Judge Dennis Craig denied the request.
On Tuesday, Craig dismissed the lawsuit against another attorney being sued alongside Politis.
David Fouts, the former detective, suffered serious head and leg injuries April 2016 while riding his motorcycle along U.S. 1 near Skyline Drive in New Smyrna Beach. Fouts' wife, Jennifer Fouts, 39, was killed in the crash.
The case was recently in the news with the arrest of former Port Orange Police Capt. Kimberly Kilpatrick, 48, of Flagler Beach. Kilpatrick was charged with grand theft and exploitation of a disabled adult, said FDLE spokeswoman Gretl Plessinger. Kilpatrick was accused of stealing $25,000 from an account created to help Fouts.
Another string in the case is unwinding in civil court where Fouts' guardian, Cathleen White, has sued Politis and his firm, Politis and Matovina, and also sued Steven Guardiano and his firm.
Fouts' son and daughter were not authorized to execute contracts on his behalf, but while he was in a coma and unresponsive, his daughter on April 28, 2016, entered into a contingent fee employment contract with Politis and Matovina and his son did the same on May 4, 2016, according to the lawsuit filed by Bradstreet.
In March 2017, Politis and his firm settled Fouts’ personal injury claim for $250,000 and his underinsured motorist claim for $100,000, the lawsuit states.
Politis failed to create a special needs trust or guardianship for Fouts and instead sent $217,678.81 to Fouts’ daughter without appropriate safeguards, the lawsuit states.
Politis and Guardiano were accused in the lawsuit of legal malpractice and breach of fiduciary duty related to Dan Fouts. The two attorneys have separate practices and law firms.
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