Finestone v. Florida Power & Light Co.

ORDER

COHN, District Judge.

THIS CAUSE is before the Court upon Defendant, Florida Power & Light Company’s (“FP & L”), Motion for Determination of Duty Owed (DE 54), Plaintiffs’ Response (DE 60), FP & L’s Reply (DE 75), and FP & L’s Request for Oral Argument (DE 70). The Court has considered the submissions of the parties and the record.

I. Background

This action arises from operations at FP & L’s Hutchinson Island Nuclear Plant (“Plant”), which operates as a generator of electricity from the use of nuclear power. (Compl. at ¶ 10). Plaintiffs claim that Zachary Finestone, contracted cancer as a…