A federal court judge has found that project developer Skanska was operating appropriately during Hurricane Sally when its barges hit the Pensacola Bay Bridge, but damages for those it impacted have yet to be decided.
The order was entered July 28 in U.S. District Court by Judge Lacey Collier.
In the order, the court found that the repair work done by the barges in the case when they hit the Pensacola Bay Bridge was "substantially related" to traditional maritime activity. In its decision, the court drew similarities to previous cases involving barges or other vessels performing repair work on bridges.
Representatives for Skanska told the Florida Record that they're not sure yet what this means for plaintiffs seeking financial relief as a result of the bridge closure while it was being repaired.
"It is too early to tell," Skanska spokeswoman Maritza Ferreira said. "As the facts continue to develop, however, it is becoming increasingly clear that this matter falls beyond the reach of [the U.S. Supreme Court case] Robins Dry Dock v. Flint. It is a certainty that Skanska will continue to push for its application nevertheless to escape liability to our region’s businesses, municipalities and individuals."
The damage to the Pensacola Bay Bridge happened when Hurricane Sally hit the area on Sept. 16, 2020, as noted on Skanska's website. The company says that it employs approximately 250 full-time residents in the Pensacola area "who felt its devastating effects first-hand," according to the website.
As noted in the order, the Pensacola Bay Bridge provides a major transportation link between Pensacola and Gulf Breeze in Florida as well as between Escambia and Santa Rosa counties.
The order states that because Skanska’s construction of the bridge was carried out from the waters of Pensacola Bay, its use of a fleet of barges was essential to its operation and these were used to transport workers and materials to and from the work site, and cranes and man-lifts were stationed on the barges to aid in the construction.
It states that Skanska used as many as 55 barges during the project and its operations fall under maritime jurisdiction.