Lieupo v. Simon's Trucking, Inc.
A tow operator injured by battery acid spilled from a tractor-trailer sued under the strict-liability private cause of action in section 376.313(3) of the 1983 Water Quality Assurance Act and won a $5.2 million verdict, which the First District reversed based on Curd v. Mosaic Fertilizer. The Florida Supreme Court quashed, holding that the 1970 act's restrictive definition of 'damage' (which excludes harm to human beings) applies only to sections 376.011-376.21 and that the 1983 act's 'all damages' language plainly encompasses personal injury damages. The Court expressly receded from Curd's contrary application of the 1970 act definition.
Key facts
- Lieupo, a tow operator, was injured by battery acid spilled from a tractor-trailer operated by Simon's Trucking, Inc.
- Lieupo sued under the strict-liability private cause of action in section 376.313(3) of the 1983 Water Quality Assurance Act and obtained a $5.2 million verdict at trial.
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Why it matters
This decision substantially expands the reach of Florida's statutory strict-liability pollution cause of action by confirming that plaintiffs may recover personal injury damages under section 376.313(3) without pleading… — full analysis with a trial
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