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HM&B Secures Summary Judgment on Plaintiff’s Negligence Claim in Favor of Marine Repair Company Under the Maritime Economic Loss Rule

Rhonda A. Didado, as Trustee of the Rhonda A. Didado Trust U/A/D 6/22/2012 v. Gulf Coast Diesel Service, Inc.

Case No. 21000870CA (Charlotte County, Florida, June 2, 2023)

HM&B secures a win with attorneys Jennifer Seipel and Brandon Bushway. Plaintiff sued HM&B’s marine repair company client for negligence and breach of contract relating to an alleged oil line failure aboard the plaintiff’s vessel. The court granted summary judgment against the plaintiff and in favor of the marine repair company on the plaintiff’s negligence claim. Applying the maritime economic loss rule, the Court held that any damage caused as a result of the failed oil line was not considered “separate property,” barring the plaintiff’s negligence claim in its entirety. While the Florida Supreme Court has limited the economic loss rule to products liability cases, the general maritime law has not followed in limiting the rule’s application.