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eBook details

• Title: Aramark Uniform And Career Apparel
• Author : Supreme Court of Florida
• Release Date : January 07, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

We must decide whether a statute that allows suits for damages resulting from pollution creates a cause of action imposing liability without proof that the defendant caused the pollution, or merely modifies existing common law causes of action, which require proof of causation. In the decision below, the First District Court of Appeal held that the statute creates a cause of action for strict liability. See Easton v. Aramark Unif. & Career Apparel, Inc., 825 So. 2d 996 (Fla. 1st DCA 2002). Its holding expressly and directly conflicts with Mostoufi v. Presto Food Stores, Inc., 618 So. 2d 1372, 1376-77 (Fla. 2d DCA 1993), which held it did not. We accepted jurisdiction to resolve the conflict. See art. V, § 3(b)(3), Fla. Const. For reasons we explain below, we hold that the statute does create a strict liability cause of action for damages. We therefore approve the First District Court of Appeal's decision and disapprove Mostoufi to the extent it is inconsistent with this opinion.

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