244 So. 3d 370
Fla. Dist. Ct. App.2018Background
- Lieupo sued Simon’s Trucking under section 376.313(3) (1983 Water Quality Assurance Act), alleging strict liability for personal injuries after battery acid from a tractor-trailer spill injured him while he towed the truck.
- Simon’s Trucking moved at multiple stages to dismiss/judge as a matter of law, arguing section 376.313(3) does not allow recovery for personal injuries; the trial court denied relief and case went to jury.
- The jury awarded Lieupo $5,211,500 in damages for his injuries; Simon’s Trucking appealed solely on the statutory-interpretation issue.
- Chapter 376 contains two relevant acts: the 1970 Pollutant Discharge and Control Act (which defines “damages” to exclude human injury) and the 1983 Water Quality Assurance Act (which authorizes recovery for “all damages” but lacks a damages definition).
- The district court concluded Florida Supreme Court precedent (Curd v. Mosaic Fertilizer) applied the 1970 Act’s restrictive definition of “damages” to causes of action under the 1983 Act and therefore precluded recovery for personal injuries.
- Because it was unclear whether Curd’s application of the 1970 Act definition was binding or dicta, the court reversed the judgment and certified the question to the Florida Supreme Court: whether section 376.313(3) permits recovery for personal injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether section 376.313(3) permits recovery for personal injuries | Lieupo: the 1983 Act’s "all damages" language allows personal-injury recovery; Curd did not decide that issue and should not bar PI claims | Simon’s Trucking: Curd applied the 1970 Act’s definition of “damages” (excluding human injury) to the 1983 Act, so PI recovery is precluded | The court held Curd’s application of the 1970 Act definition controls and precludes personal-injury claims under section 376.313(3), but certified the question to the Florida Supreme Court for clarification |
Key Cases Cited
- Curd v. Mosaic Fertilizer, LLC, 39 So. 3d 1216 (Fla. 2010) (applied 1970 Act definition of “damages” to a cause of action under the 1983 Act; central precedent at issue)
- Aramark Unif. & Career Apparel, Inc. v. Easton, 894 So. 2d 20 (Fla. 2004) (recognizes section 376.313(3) cause of action is one of strict liability)
- Hardee County v. FINR II, Inc., 221 So. 3d 1162 (Fla. 2017) (standard of review for pure questions of law: de novo)
- Cunningham v. Anchor Hocking Corp., 558 So. 2d 93 (Fla. 1st DCA 1990) (earlier case involving personal-injury plaintiffs under chapter 376 but did not address recoverability of PI under the 1983 Act)
- State ex rel. Biscayne Kennel Club v. Bd. of Bus. Regulation, 276 So. 2d 823 (Fla. 1973) (dicta/holding distinction referenced for precedent analysis)