A tractor-trailer owned by Simon’s Trucking, Inc. was involved in an accident while transporting batteries, spilling battery acid onto the highway. Mr. Lieupo responded to tow away the truck and came into contact with battery acid, which caused serious personal injuries. Mr. Lieupo sued Simon’s Trucking under the Water Quality Assurance Act, and a jury awarded him over $5.2 million in damages. Simon’s Trucking appealed to the First District Court of Appeal, which ruled the definition of “damage” does not permit recovery of personal injuries. The First DCA also certified a question of great public importance for this Court’s review.

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