SC08-1920 – Howard Curd, Et Al. v. Mosaic Fertilizer, LLC.

State: Florida

Docket No: SC08-1920

Case Date: 06/17/2010

Preview:Supreme Court of Florida
____________ No. SC08-1920 ____________ HOWARD CURD, et al., Petitioners, vs. MOSAIC FERTILIZER, LLC, Respondent. [June 17, 2010] QUINCE, C.J. This cause is before the Court for review of the decision of the Second District Court of Appeal in Curd v. Mosaic Fertilizer, LLC, 993 So. 2d 1078 (Fla. 2d DCA 2008). In its decision the district court ruled upon the following questions, which the court certified to be of great public importance: DOES FLORIDA RECOGNIZE A COMMON LAW THEORY UNDER WHICH COMMERCIAL FISHERMEN CAN RECOVER FOR ECONOMIC LOSSES PROXIMATELY CAUSED BY THE NEGLIGENT RELEASE OF POLLUTANTS DESPITE THE FACT THAT THE FISHERMEN DO NOT OWN ANY PROPERTY DAMAGED BY THE POLLUTION? DOES THE PRIVATE CAUSE OF ACTION RECOGNIZED IN SECTION 376.313, FLORIDA STATUTES (2004), PERMIT COMMERCIAL FISHERMEN TO RECOVER DAMAGES FOR

THEIR LOSS OF INCOME DESPITE THE FACT THAT THE FISHERMEN DO NOT OWN ANY PROPERTY DAMAGED BY THE POLLUTION? Id. at 1079. We have jurisdiction. See art. V,

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