Howard Curd v. Mosaic Fertilizer, LLC — Polston, J., Concurring in Part and Dissenting in Part

Summary

Justice Polston concurs with the majority that Florida Statute §376.313(3) gives commercial fishermen a strict‑liability cause of action, but dissents from the majority’s holding that a common‑law negligence duty exists to protect the fishermen’s purely economic interests. He reasons that the statutory “all damages” language supports recovery of economic losses, while common‑law duty should be limited to protect against limitless liability.