Curd v. Mosaic Fertilizer, LLC

I respectfully concur in part and dissent in part. Although I use different reason*1229ing, I agree with the majority’s affirmative answer to the certified question of whether commercial fishermen can recover damages for their loss of income pursuant to section 376.313, Florida Statutes (2004). However, I disagree with the majority’s affirmative answer to the certified question of whether, under the facts of the case, commercial fishermen can recover economic losses proximately caused by the negligent release of pollution under Florida common law.

As an initial matter, I note that the majority…