CURD v. MOSAIC
F. Wallace "Wally" Pope, Jr., a founding member of the firm, successfully litgated a case before the Florida Supreme Court, which held that commercial fishermen have claims for damages under Chapter 376 of the Florida Statutes. This statute provides for private causes of action against those who pollute and cause damage to others. Under the statute there is no requirement to prove negligence. The claimaint need only prove the fact of pollution and the identity of the party causing the pollution and the amount of damage. The decision also holds that commercial fishermen also have common law claims for both strict liability and negligence against pollutors who cause damages to the commercial fishermen. This case is a very important precedent for anyone asserting a claim against BP arising out of the recent oil spill in the Gulf of Mexico.
