{"id":8236,"date":"2023-08-03T14:40:19","date_gmt":"2023-08-03T14:40:19","guid":{"rendered":"https:\/\/www.awkolaw.com\/?p=8236"},"modified":"2023-08-03T14:40:40","modified_gmt":"2023-08-03T14:40:40","slug":"skanska-lost-its-appeal-what-that-ruling-means-for-pensacola","status":"publish","type":"post","link":"https:\/\/www.awkolaw.com\/skanska-lost-its-appeal-what-that-ruling-means-for-pensacola\/","title":{"rendered":"Skanska lost its appeal. What that ruling means for Pensacola."},"content":{"rendered":"
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A federal appeals court on Wednesday sided with a Pensacola federal judge who found that Skanska was negligent in its response to Hurricane Sally when more than two dozen of its barges broke loose from their moorings, causing chaos across Pensacola Bay.<\/p>\n
A three-judge panel of the 11th U.S. Circuit Court of Appeals unanimously ruled against Skanska\u2019s request to overturn Pensacola U.S. District Court Judge Lacey Collier\u2019s December 2021 decision that found Skanska could not shield itself under an obscure 19th century maritime law because its corporate officers were the ones who made negligent decisions that led to the barges coming loose during Hurricane Sally.<\/p>\n
More than 1,000 people and businesses have come forward with claims against the company in state court because of damage caused by the barges or economic loss from the closure of the Pensacola Bay Bridge for eight months following the storm.<\/p>\n
A Skanska representative declined to comment on the ruling Wednesday, citing the ongoing litigation.<\/p>\n
However attorneys with the three law firms representing the people and businesses with active claims against the construction company praised the ruling.<\/p>\n
\u201cIt’s a good day for Pensacola,\u201d said Thomas Gonzalez, an attorney with the Beggs and Lane law firm. \u201cEverybody in the region, from people who live by the Navy base over to Warrington over to Santa Rosa, over to Gulf Breeze, etc. had some impact by Skanka’s negligence in just leaving those barges in the middle of the bay.\u201d<\/p>\n
The more than 1,000 cases in pending in state court can now begin to move forward.<\/p>\n
Sam Geisler, an attorney with Aylstock, Witkin, Kreis and Overholtz, said the first state court case could go to trial as soon as November.<\/p>\n
The one issue that will still need to be decided in lower courts is whether economic losses can be claimed in relation to maritime accidents based on a 1927 Supreme Court case known as the Robin\u2019s Dry Dock case.<\/p>\n
That case limits liability to only physical damage caused by a vessel.<\/p>\n
Nearly 900 of the more than 1,000 cases are related to economic losses caused by the barge disaster and not direct physical damage.<\/p>\n
Geisler said that issue could be briefed before an Escambia County Circuit judge as soon as September.<\/p>\n
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