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Reggie L. Bouthillier
Tallahassee
Jeffrey A. Collier
Tampa
Jacob T. Cremer
Tampa
F. Joseph Ullo, Jr.
Tallahassee
Special thanks to Nicole Neugebauer and Nicholas Marler who assisted in the drafting of this alert. Nicole is a third-year Juris Doctor Candidate at Stetson University College of Law. Nicholas is a second-year Juris Doctor Candidate at Stetson University College of Law.
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Florida Supreme Court Reverses Course to Allow Personal Injury Damages for Some Environmental Claims
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Last month in
Lieupo v. Simon's Trucking, Inc., the Florida Supreme Court expanded the types of damages available for claims under the 1983 Water Quality Assurance Act ("1983 Act"), as set forth in Section 376.313, Florida Statutes ("313 Claims"). A 313 Claim allows an individual to bring a lawsuit for damages caused by the discharge of certain types of pollutants. The opinion reverses the landmark decision
Curd v. Mosaic Fertilizer, which held that a group of commercial fishermen could only sue for economic, not personal injury, damages under a 313 Claim.
In
Lieupo, tow truck driver Charles Lieupo sued Simon's Trucking, Inc. for personal injury damages after he was injured from spilled battery acid during a car crash. Receding from
Curd, the
Lieupo Court held that a 313 Claim allows for all damages, including personal injury.
Curd limited the types of available damages based on the damages definition found in Section 376.031(5), Florida Statutes, which is part of the Pollution Discharge Prevention and Control Act of 1970 ("1970 Act"). The 1970 Act is intended to protect coastal waters and adjacent lands. It allows for damages only for "the ... loss of any real or personal property, or ... destruction of the environment and natural resources, including all living things
except human beings."
Conversely, the 1983 Act, which aims to combat surface and groundwater pollution, never defined "damages." Rather, it permits "any person [to bring] a cause of action ... for all damages."
Thus, the
Lieupo Court held that a plaintiff cannot bring a claim for personal injury damages under the 1970 Act, but they could claim personal injury damages under a 313 Claim. The Court reiterated that the 1983 Act's "all damages" language plainly means that any damages can be brought under a 313 Claim. The Court noted that if the text of the statute is overly broad, it is the Legislature's duty to address it.
We will continue to monitor case law interpreting this expansive decision and any legislative proposals in Florida's 2020 Session. At this time, no substantial amendments have been proposed to either Section 376.308 or Section 376.313 of the 1983 Act, which relate to the liabilities and defenses of facilities or an individual's cause of action for damages, respectively.
Our Land Development, Zoning & Environmental team has extensive experience advising clients on all matters related to water quality and environmental litigation. For more information, please
contact us.
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Major Land Use and Development Policies Discussions Continue in Hillsborough County
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What's Developing | Winter 2019-2020
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Major Evolution in Land Use and Development Policies Ahead in Hillsborough County
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*Abbye Feeley, Ken Metcalf, Michael Paparesta, Marco Paredes, Chris Smith, and David Smith are not attorneys and are not authorized to practice law.
Abbye, Ken, and David are highly experienced planners. Ken is AICP certified.
Chris is a highly experienced GIS analyst.
Michael is a highly experienced real estate analyst.
Marco is a highly experienced government affairs professional.
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