Advertising Disclosure Email Disclosure

The Supreme Court of Florida finds common law duty of polluters to protect economic interests of commercial fishermen.

July 1, 2010
Curd v. Mosaic Fertilizer, LLC, 35 Fla. L. Weekly S341a

The Supreme Court of Florida found that the economic loss rule does not preclude an action by fishermen against polluters who damaged the fishing industry in Tampa Bay. Further, the Court found that the polluters owed a special duty of care to the fishermen as persons who foreseeably could be injured from pollution of state waters. However, the dissent by Judge Polston raises the more interesting point concerning extending duty to parties. Judge Polston, citing Indemnity Insurance Co. of North America v. American Aviation, Inc., 891 So.2d 532 (Fla. 2004), McCain v. Florida Power Corp., 593 So.2d 500 (Fla. 1992), and other cases, warns that the extension of the zone of risk and duty in cases of pollution cases must have a "just stopping point." He continued to reason that economic consequences of a single accident are virtually endless and a future liability could be created to an "indeterminate amount for an indeterminate time to an indeterminate class." Citing Ultramares Corp. v. Touche, 255 N.Y. 170, 179 (N.Y. 1931).

Case Law Alert - 3rd Qtr 2010

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."