McKenzie Tank Lines, Inc. v. Empire Gas Corp., BG-228
| Decision Date | 29 April 1986 |
| Docket Number | No. BG-228,BG-228 |
| Parties | 11 Fla. L. Weekly 984 McKENZIE TANK LINES, INC., Appellant, v. EMPIRE GAS CORPORATION and Empire Gas, Inc., of Jay, Appellees. |
| Court | Florida District Court of Appeals |
Robert L. Hinkle, of Aurell, Fons, Radney & Hinkle, Tallahassee, for appellant.
Larry Hill, of Moore, Hill & Westmoreland, Pensacola, for appellees.
McKenzie Tank Lines (McKenzie) appeals a final judgment awarding damages to appellees Empire Gas Corporation and Empire Gas, Inc., of Jay (Empire), for property loss sustained in a gas explosion on June 7, 1979, which wrecked Empire's liquefied petroleum (LP) storage facility in Jay, Florida. Although the explosion left much of the physical evidence in ruins, it is undisputed that the accident occurred while McKenzie's tanker was unloading a supply of LP gas and that, at the time of the explosion, the driver of the truck had left his assigned post and was not tending to the unloading operation.
Empire filed a negligence action alleging that the failure of McKenzie's driver to remain in proximity to the shut-off safety valves was the cause of the explosion. McKenzie raised the defense of comparative negligence and counterclaimed for damages on allegations that Empire failed to maintain functioning automatic safety valves as required by applicable regulations. Following a lengthy trial involving extensive expert testimony in accident reconstruction and LP safety practices and procedures, the jury rendered a special verdict finding that there was "negligence on the part of McKenzie which was a legal cause of damage to Empire" and answering "No" to the question, "Was there negligence on the part of Empire which was a legal cause of damage to McKenzie?" The jury assessed McKenzie's "percentage of any negligence" at 100 percent and Empire's damages at $109,000. The trial court entered judgment on the jury verdict and denied McKenzie's motion for new trial, reciting:
This case was tried to a jury of six over a week by very competent attorneys for both parties. Extensive evidence was presented and the witnesses were well tested by the attorneys.
There was great conflict in the evidence leaving many issues to be resolved by the jury which was charged with determining the credibility of the witnesses and the weight to be given their testimony and the other evidence in reaching their verdict. Whether the Court might agree or disagree with the verdict is not the...
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McKenzie Tank Lines, Inc. v. Empire Gas Corp.
...business damages suffered by Empire in the explosion. On appeal of that judgment, this court affirmed, McKenzie Tank Lines, Inc. v. Empire Gas Corp., 487 So.2d 1174 (Fla. 1st DCA 1986). Subsequently, Empire filed a motion for contribution seeking recovery from McKenzie of the amounts paid i......