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3d DCA Watch -- Lolly Lolly Lolly Edition!

YES!!

Alright kidzzzzz, let's do this:

Liebherr-America v. McCollum:

This case arises from an unfortunate accident at the Port of Miami where a sleeping longshoreman was crushed to death by a huge mobile crane.

The question presented involves the potential apportioned liability of one of the defendants, an entity that sold the crane and had a service contract to maintain it.

In a well-reasoned opinion by Judge Schwartz, the Court found there was no basis for any apportioned liability against this defendant:

We consider and reject each of the even arguable bases upon which the appellant may be held liable....

Got that? "Even arguable" bases.

I notice that Judge Schwartz has a way with adverbs.

How arguable are the bases? They are even arguable, those bases they are!

The Judge continues:

There was much conflicting evidence in the case on that issue, but it fell completely out of the case when the jury found that the crane was not defective at the time of the sale.

How far did the evidence fall out of the case?

Completely!

Kids, how exuberant is Judge Schwartz in his opinions?

Extremely.

Full post as published by South Florida Lawyers on February 03, 2010 (boomark / email).