final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
appeal from the Circuit Court for Hamilton County. William R.
Slaughter, II, Senior Judge.
Gonzalez and Amber Stoner of Shutts & Bowen LLP,
Tallahassee, for Appellant.
A. Shepherd of Gray Robinson, P.A., Miami, for Amicus Curiae
Florida Justice Reform Institute, in support of Appellant.
D. Webster of Carlton Fields, Tallahassee; Michael J. Damaso,
II, and Jackson W. Adams of Wooten Kimbrough, P.A., Orlando,
Simon's Trucking, challenges a judgment entered in favor
of Charles Lieupo, appellee, awarding him damages for
personal injuries that the jury found he suffered after a
tractor-trailer owned by Simon's Trucking was involved in
an accident. Simon's Trucking argues the case should
never have gone to trial because the Florida Supreme Court
held that the statutory cause of action created by section
376.313(3), Florida Statutes, under which Lieupo filed his
claim, does not permit recovery for personal injuries. We
agree and reverse, though we certify a question of great
public importance asking the supreme court to clarify the
filed a complaint against Simon's Trucking, alleging it
was strictly liable for injuries he suffered after one of its
tractor-trailers was involved in an accident while
transporting batteries, spilling battery acid onto the
highway. Lieupo alleged he responded to the scene to tow away
the truck and came into contact with the battery acid, which
caused him serious personal injuries. He filed his complaint
under section 376.313(3), Florida Statutes, which imposes
strict liability for the discharge of certain types of
Trucking argued that Lieupo could not seek recovery under
section 376.313(3) because that statute did not permit
recovery for personal injury. The trial court rejected this
argument, and the case proceeded to trial. The jury found
the battery acid caused Lieupo's injuries and awarded him
a total of $5, 211, 500 in damages. This appeal follows.
sole issue before this court is whether section 376.313(3)
permits recovery for personal injury. This question of statutory
interpretation presents a pure question of law, reviewed de
novo. Hardee Cty. v. FINR II, Inc., 221 So.3d 1162,
1165 (Fla. 2017), reh'g denied, SC15-1260, 2017
WL 3015682 (Fla. July 17, 2017).
conclude that the supreme court's decision in Curd v.
Mosaic Fertilizer, LLC, 39 So.3d 1216 (Fla. 2010),
precludes personal injury claims from being brought under
section 376.313(3), but we certify a question ...