A & L UNDERGROUND, INC. v. City of Port Richey, 732 So. 2d 480 (Fla. 2d DCA 1999). · Go Syfert
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A & L UNDERGROUND, INC. v. City of Port Richey, 732 So. 2d 480 (Fla. 2d DCA 1999). Cases Citing This Book View Copy Cite
16 citation events (14 in the last 25 years) across 7 distinct courts.
Strongest positive: Peoples Gas System, etc. v. Posen Construction, Inc., etc. (fla, 2021-06-10)
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (rule) Peoples Gas System, etc. v. Posen Construction, Inc., etc.
Fla. · 2021 · confidence medium
See Southland Constr., Inc. v. Greater Orlando Aviation, 860 So. 2d 1031, 1037 (Fla. 5th DCA 2003) (“We agree with Southland that section 556.106(3), Florida Statutes, could be the source of a statutorily created duty owed by Peoples’ Gas to Southland to correctly mark the location of its underground facilities and it could be the basis for Southland to recover its own damages if the facilities are not correctly marked and a statutorily specified injury or damage results.”); A & L Underground, Inc. v. City of Port Richey, 732 So. 2d 480, 481 (Fla. 2d DCA 1999) (concluding an excavator is…
discussed Cited "see" Peoples Gas Sys. v. Posen Constr., Inc. (2×) also: Cited "see, e.g."
M.D. Fla. · 2018 · signal: see · confidence high
See A & L Underground, Inc. , 732 So.2d at 481 (finding the statute allowed recovery for delay and repair costs); see also Southland Const., Inc. , 860 So.2d at 1037-38 (holding that the plain language appeared "at most to contemplate personal injury damages, out-of-pocket losses and economic losses that are confined to damage to equipment.").
cited Cited "see" Illinois Bell Telephone Co. v. Plote, Inc.
Ill. App. Ct. · 2002 · signal: accord · confidence high
App. 3d at 1107 , 663 N.E.2d at 1125 ; accord A&L Underground, Inc. v. City of Port Richey, 732 So. 2d 480, 481 (Fla. App. 1999).
cited Cited "see" Illinois Bell Telephone Co. v. Plote, Inc.
Ill. App. Ct. · 2002 · signal: accord · confidence high
App. 3d at 1107 , 663 N.E.2d at 1125 ; accord A&L Underground, Inc. v. City of Port Richey , 732 So. 2d 480, 481 (Fla. App. 1999).
discussed Cited "see" Coastal Conduit & Ditching, Inc. v. Noram Energy Corp.
Tex. App. · 2000 · signal: see · confidence high
See A&L Underground, Inc. v. City of Port Richey, 732 So.2d 480, 481 (Fla. 2d DCA 1999) (citing § 556.106(3), Fla. Stat. (1995)). 4 Unlike the Illinois and Florida statutes, the federal regulations upon which Coastal Conduit relies do not provide for a private cause of action for negligence.
discussed Cited "see, e.g." Peoples Gas System v. Posen Construction, Inc.
11th Cir. · 2019 · signal: see, e.g. · confidence low
See, e.g., A & L Underground, Inc. v. City of Port Richey , 732 So. 2d 480 , 481 (Fla. Dist.
A & L UNDERGROUND, INC., Appellant,
v.
CITY OF PORT RICHEY, Appellee.
98-03209.
District Court of Appeal of Florida, Second District.
May 21, 1999.
732 So. 2d 480
Whatley.
Cited by 9 opinions  |  Published

[*481] Donald E. Hemke of Carlton Fields Ward Emmanuel Smith & Cutler, Tampa, for Appellant.

Brett D. Divers of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, for Appellee.

WHATLEY, Judge.

A & L Underground, Inc., appeals an order granting summary judgment in favor of the City of Port Richey. The trial court held that A & L could not recover economic losses pursuant to its complaint for violations of the Underground Facility Damage Prevention and Safety Act. See Ch. 556, Fla. Stat. (1995). We reverse.

A & L was hired by the City of Clearwater to expand Clearwater's underground gas distribution system. That expansion ran through the City of Port Richey. Prior to underground excavation in Port Richey, A & L requested Port Richey to locate and mark its underground utilities as required by chapter 556. Port Richey did so, but inaccurately. As a result, A & L damaged underground utilities and incurred delay and repair costs.

A & L sued Port Richey for statutory violations of chapter 556. Port Richey argued, and the trial court ruled, that A & L could only recover damages for personal injuries or property damage under chapter 556. A & L's claim was purely for economic losses. We conclude that the clear language of section 556.106(3), Florida Statutes (1995), allows recovery for purely economic losses. That statute permits an excavator, such as A & L, to recover "for the total cost of any loss." See Followell v. Central Illinois Pub. Serv. Co., 278 Ill. App.3d 1103, 215 Ill.Dec. 608, 663 N.E.2d 1122 (5th Dist.1996). We reject Port Richey's argument that this language is surplusage.

We do not address the issue of sovereign immunity, as it was not properly raised in the trial court.

Accordingly, we reverse the entry of summary judgment in favor of the City of Port Richey and remand this cause for proceedings consistent with this opinion.

CAMPBELL, A.C.J., and STRINGER, J., Concur.