Martin County v. Polivka Paving, Inc.

MAY, J. (dissenting).

I respectfully dissent.

“Damages” is defined as “[m]oney claimed by, or ordered to be paid to, a person as compensation for a loss or injury.” Black’s Law Dictionary 416 (8th ed. *1352004). Florida law has long embraced the age-old principle that a party is entitled to damages caused by another’s breach as long as those damages are reasonably foreseeable, flow from that wrongdoing, and established by competent evidence. Hadley v. Baxendale, 9 Exch. 341, 156 Eng. Rep. 145 (1854); Poinsettia Dairy Prod. v. Wessel Co., 123 Fla. 120, 129-30, 166 So. 306 (Fla.1936); see, e.g.,…