Utility Can’t Recoup Gas Accident Settlement Under Fla. Law

June 10, 2021

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Law360 (June 10, 2021, 7:08 PM EDT) — A split Florida Supreme Court found Thursday that a state law does not provide grounds for Peoples Gas System to recover money from a construction firm to cover a settlement it paid to one of the firm’s workers who suffered injuries when he struck a gas line.

In a 5-2 ruling, the state’s highest court concluded that the Florida Underground Facility Damage Prevention and Safety Act does not allow PGS to request indemnification from Posen Construction Inc. for the settlement payment, which it claims it incurred because of Posen’s violation of its duties under the law. The case came before the…

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