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Conroy Simberg partners Dale Friedman, Hollywood and Michael Kast, Orlando defended a putative class action lawsuit where Plaintiff, The Cook and The Cork, Inc. sued Defendant, Acosta Tractors, Inc. for negligence arising out of two separate gas line strikes occurring on November 15, 2021 and May 13, 2022 while widening Wiles Road as part of a Broward County road improvement project.  Plaintiff alleged the gas line strikes caused at least 120 businesses to lose gas service to operate their businesses.

Plaintiff sought to certify a liability issue class under Florida Rule of Civil Procedure 1.220(d)(4).  After complying with a detailed case management order which required early mediation followed by written class fact discovery, class and fact witness depositions and expert witness disclosures including reports and opinions, the Court held an evidentiary hearing on Plaintiff’s (third) motion to conditionally certify a liability class action.

Approximately two months after the hearing, the Court entered a detailed order denying Plaintiff’s motion for numerous reasons, including failing to meet the requirements for class certification.  This order was appealable, however, the parties entered into a settlement agreement where Plaintiff was paid the actual damages it incurred as a result of one of the gas line breaks, signed a full release and filed stipulation of dismissal with prejudice on November 21, 2023.  The plaintiff's initial demand was $15 million, yet the final settlement was for less than $1,500, and their attorneys did not seek any attorney’s fees.