UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

IN RE SKANSKA USA CIVIL

SOUTHEAST, INC. AND 

SKANSKA USA, INC AS

OWNERS OF THE BARGE KS ADMIRALTY RULE 9(H)

5531 PRAYING FOR 

EXONERATION FROM OR CIVIL ACTION NO.

LIMITATION OF LIABILITY 3:20-CV-5980 – RV – MJF 

CLAIM OF MARILYN SENIOR DISTRICT JUDGE

WOODBURY, ROGER VINSON

CLAIMANT

_____________________________/

MARILYN WOODBURY CLAIM AND ANSWER TO SKANSKA 

COMPLAINT FOR LIMITATION OF LIABILITY

Claimant MARILYN WOODBURY, by and through her undersigned 

counsel, hereby provides notice to this Court and to SKANSKA USA CIVIL 

SOUTHEAST, INC. AND SKANSKA USA, INC. (“Skanska”) of her claim for 

damages against Skanska pursuant to the December 14, 2020 Notice to Claimants 

issued in Civil Action Number 3:20-CV-5984 (Barge KS 6010)1, now consolidated 

with this Civil Action Number 3:20-CV-5980-RV-MJF, and pursuant to any other 

applicable Notice to Claimants issued by this Court. Claimant’s Answer to 

1 Claimant reserves the right to pursue any and all other appropriate claims against Skanska if discovery reveals that 

Claimant’s damages were caused by any other barge owned by Skanska.

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Skanska’s Complaint for Limitation of Liability is included herein pursuant to the 

subject Notice to Claimants. Claimant states as follows in support:

CLAIM FOR DAMAGES

1. Claimant is the owner of 585 Windrose Circle, Pensacola, Florida 

32507, and resided there when Hurricane Sally made landfall on or about September 

16, 2020. 

2. At all relevant times Skanska owned and maintained a number of barges 

in Pensacola Bay. 

3. Skanska was aware of the fact that Hurricane Sally would likely make 

landfall in proximity to Pensacola Bay and substantially affect the Pensacola Bay 

area prior to making landfall. 

4. Skanska had the ability to control and secure its barges in Pensacola 

Bay and keep them from causing damage to other property, but Skanska negligence 

disregarded and/or consciously disregarded the risk in the days and hours leading up 

to Hurricane Sally’s landfall. 

5. On or about September 16, 2020, Skanska had a duty to secure its 

barges, but Skanska failed to secure numerous barges that subsequently drifted 

through Pensacola Bay during the Hurricane Sally event, and those barges collided 

with and caused damage to other property. Skanska’s failure to secure its barges 

constitutes negligence and gross negligence within its privity and knowledge. 

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6. Upon information and belief, Claimant alleges that Barge KS 6010 was 

the likely barge that collided with Claimant’s seawall at and adjacent to 585 

Windrose Circle, Pensacola, Florida 32507. 

7. Skanska’s negligence and gross negligence in failing to secure its 

barges has caused damage to Claimant, including but not limited to damages 

constituting expenditures of funds to repair and/or replace sections of the damaged 

seawall

8. All conditions precedent to Claimant’s claim for relief have occurred 

or have been waived. 

9. Claimant reserves all rights to any and all available remedies in state 

court pursuant to 28 U.S.C. §1333, and further reserves the right to a trial by jury in 

any state court action. 

WHEREFORE, Claimant seeks an Order from this Court that would:

a) Allow Claimant to intervene and join in this action;

b) Dismiss Skanska’s Complaint for Exoneration and Limitation of Liability;

c) Grant judgment in favor of Claimant, and award damages, costs, pre-judgment 

interest, and attorney’s fees; and

d) Grant any other further relief that this Court deems just and appropriate under 

the circumstances. 

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ANSWER TO SKANSKA’S COMPLAINT FOR EXONERATION AND 

LIMITATION OF LIABILITY

Claimant, by and through its undersigned counsel, and pursuant to the 

December 14, 2020 Notice to Claimants and in Civil Action Number 3:20-CV-5984, 

now consolidated with this Civil Action Number 3:20-CV-5980-RV-MJF, and 

pursuant to any other applicable Notice to Claimants issued by this Court, hereby 

submits her Answer to the Skanska Complaint for Exoneration and Limitation of 

Liability filed in Civil Action Number 3:20-CV-5984, and states as follows:

1. Admitted that Skanska has stated in its Complaint that it is filing 

pursuant to 28 U.S.C. §1333 and 9(H) of the Supplemental Rules. Claimant reserves 

all rights to pursue any appropriate future state court action. 

2. Admitted that Skanska is the owner of the subject barge. Denied that 

Skanska is entitled to relief under the Limitation of Liability Act. Claimant is 

without knowledge of the truth of the remaining allegations in Paragraph 2, and those 

allegations are therefore denied at this time. 

3. Claimant is without knowledge of the truth of the allegations in 

Paragraph 3, and those allegations are therefore denied at this time. 

4. Admitted. 

5. Claimant specifically denies that Skanska acted with due diligence. 

Claimant is without knowledge of the truth of the remaining allegations in Paragraph 

5, and those allegations are therefore denied at this time.

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6. Admitted. 

7. Denied that Skanska acted reasonably. Admitted that Skanska lost 

control of a number of barges. 

8. Admitted. 

9. Denied. 

10. Denied that Skanska is entitled to the requested exoneration. Claimant 

is without knowledge of the truth of the remaining allegations in Paragraph 10, and 

those allegations are therefore denied at this time.

11. Claimant is without knowledge of the truth of the allegations in 

Paragraph 11, and those allegations are therefore denied at this time.

12. Claimant is without knowledge of the truth of the allegations in 

Paragraph 12, and those allegations are therefore denied at this time.

13. Claimant is without knowledge of the truth of the allegations in 

Paragraph 13, and those allegations are therefore denied at this time.

14. Claimant is without knowledge of the truth of the allegations in 

Paragraph 14, and those allegations are therefore denied at this time.

15. Denied that Skanska is entitled to the requested relief. 

16. All allegations not expressly admitted herein are hereby denied. 

WHEREFORE, Claimant seeks an Order from this Court that would:

a) Allow Claimant to intervene and join in this action;

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b) Dismiss Skanska’s Complaint for Exoneration and Limitation of Liability;

c) Grant judgment in favor of Claimant, and award damages, costs, pre-judgment 

interest, and attorney’s fees; and

d) Grant any other further relief that this Court deems just and appropriate under 

the circumstances. 

/s/ Daniel M. Ewert

DANIEL M. EWERT 

Florida Bar Number 0658146 

MOORE, HILL & WESTMORELAND, P.A. 

Maritime Place | Suite 100 

350 West Cedar Street (32502) 

Post Office Box 13290 

Pensacola, Florida 32591-3290 

Telephone: (850) 434-3541 

dewert@mhw-law.com

kgraham@mhw-law.com

Attorney for Marilyn Woodbury

CERTIFICATE OF SERVICE

I, Daniel M. Ewert, hereby certify that on May 3, 2021, I caused a copy of 

the foregoing to be filed through the Court’s CM/ECF system, which will serve all 

counsel of record, specifically: 

Kenneth H. Tribuch 

Chaffe McCall LLP 

801 Travis, Suite 1910 

Houston, Texas 77002 

tribuch@chaffe.com

/s/ Daniel M. Ewert

Daniel M. Ewert

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