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Skanska loses bid to limit property damage liability during Hurricane Sally

FLORIDA RECORD

Tuesday, November 26, 2024

Skanska loses bid to limit property damage liability during Hurricane Sally

Federal Court
Pensacola bay bridge damage

The damage to the Pensacola Bay Bridge caused by Hurricane Sally has been repaired. | Florida Department of Transportation

A federal judge has dismissed the Skanska construction company’s legal effort to limit its liability for property damage after a 2020 storm surge caused by Hurricane Sally hurled company barges around Pensacola Bay.

In a Dec. 29 opinion, Judge Lacey Collier of the Northern District of Florida dismissed Skanska’s quest for liability protections under the Limitation of Vessel Owner's Liability Act. If Skanska had prevailed, the company would not have been presumed liable under maritime law for the damage the unanchored barges caused to both public and private property.

But Collier rejected the argument that Skanska had adequately secured the barges prior to the hurricane striking Pensacola Bay.

“A presumption of negligence is established over the fact that numerous barges belonging to Skanska broke loose when Hurricane Sally struck the Pensacola area, causing widespread damage,” Collier said. “Because Skanska fails to overcome that presumption, and because Skanska cannot show that it was without knowledge or privity as to its negligence, it is the finding of the court that Skanska is not entitled to any relief under the Limitation Act.”

A company statement emailed to the Florida Record indicated that Skanska may appeal the decision.

“We are extremely disappointed by the district court ruling, as we believe it is not supported by the evidence or testimony presented at trial,” the statement says. “Skanska remains adamant that it took all appropriate measures with the information available at the time to prepare for the storm. … Skanska intends to pursue all legal options, including appeal.”

At the time the hurricane passed through the region, Skanska was working on improvements to the Pensacola Bay Bridge and was using scores of barges to construct new bridge spans. Prior to the storm surge, company officials moored the barges at the construction site, but 27 barges broke free of their moorings as the hurricane struck, according to Collier’s opinion.

“Immediately following the storm, Skanska put forth its full resources to address the damage as quickly and as safely as possible and reconnect the communities impacted,” Skanska said in its statement. 

The company could have better secured the barges by moving them to nearby Butcherpen Cove in the days before the storm, according to Collier. 

“Skanska had available an offsite location for its barges, Butcherpen Cove, that would have been significantly more protective, and Skanska’s attempts to convince the court that Butcherpen Cove would not have kept the boats secure are unavailing,” the judge said.

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