CHARLES L. LIEUPO, Petitioner,
SIMON'S TRUCKING, INC., Respondent.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
Application for Review of the Decision of the District Court
of Appeal - Certified Great Public Importance/Certified
Direct Conflict of Decisions First District - Case No.
1D17-2065 (Hamilton County)
Michael J. Damaso, II, and Jackson W. Adams of Wooten
Kimbrough, P.A., Orlando, Florida; and Peter D. Webster of
Carlton Fields, Tallahassee, Florida, for Petitioner
Gonzalez and Amber Stoner Nunnally of Shutts & Bowen,
LLP, Tallahassee, Florida, for Respondent
R. Gooden of Boyd & Jenerette, P.A., Jacksonville,
Florida; and Andrew S. Bolin of Bolin Law Group, Tampa,
Florida, Amicus Curiae Florida Defense Lawyers Association
A. Shepherd of Gray Robinson, Miami, Florida; and William W.
Large of Florida Justice Reform Institute, Tallahassee,
Florida, Amicus Curiae Florida Justice Reform Institute
review the decision of the First District Court of Appeal in
Simon's Trucking, Inc. v. Lieupo, 244
So.3d 370, 374 (Fla. 1st DCA 2018), a case in which the First
District certified the following question of great public
DOES THE PRIVATE CAUSE OF ACTION CONTAINED IN SECTION
376.313(3), FLORIDA STATUTES, [of the 1983 Water Quality
Assurance Act] PERMIT RECOVERY FOR PERSONAL INJURY?
reasons explained below and receding from precedent as
requested by Lieupo, we answer the certified question in the
First District set forth the pertinent facts as follows:
Lieupo 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, [of the 1983
Water Quality Assurance Act] which imposes strict liability
for the discharge of certain types of pollutants.
Simon's 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 ...