Larry T. Varnum v. Nu-Car Carriers, Inc.

Daniel Webster once stated, “There is nothing so powerful as the truth, and nothing so strange.”1 This sentiment is particularly apropos in light of appellant’s predicament. While I concur in the result reached by the court, I am compelled to express my concern that the scope of the majority’s holding not be expansively interpreted. I concur on the grounds that, based on the affidavit of Paul McAllister, appellant’s state law claim does not fail as a matter of law and that the state claim is not pre-empted by federal law.

I

Florida law is consistent with the general rule that an actionable…