From the attorneys representing locals – Brian Barr (Levin Papantonio), Thomas Gonzalez (Beggs and Lane), and Sam Geisler (Aylstock Witkin, Kreis & Overholtz).
“Thursday evening, a three-judge panel of the Escambia County Circuit Court dismissed the claims of hundreds of regional businesses, wage earners, and municipalities when it granted Skanska’s Motion for Summary Judgment based on a near-century-old maritime case. The court’s decision means unless the unsecured barges actually hit your property, Skanska gets off the hook no matter how badly it messed up by not securing the barges during Hurricane Sally or how much money Skanska caused our local businesses to lose.”
“A federal court here in Pensacola already determined that Skanska negligently caused the release of 27 building-size barges across the Bay. That ruling was upheld by the federal court of appeals.”
“Last February, the panel of local state court judges accepted Skanska’s argument that local businesses could only proceed by proving it was “substantially certain that Plaintiffs’ damages would result from Skanska’s actions. After a substantial presentation of evidence in favor of local businesses, the same panel of judges ruled in Skanska’s favor.”
“We are disappointed; we disagree with the decision and are exploring our options for appeal.”
BACKGROUND: In September 2020, Hurricane Sally caused 27 Skanska barges to break free, with four hitting and damaging the Pensacola Bay Bridge. This damage forced the bridge to close for several months.
The plaintiffs, consisting of businesses and individuals, sued for economic losses they claim resulted from the bridge damage. Their complaints alleged five causes of action: negligence, gross negligence, intentional misconduct, private nuisance, and public nuisance.”