Tempers flare between Skanska, DeLuna Oyster attorneys at civil trial

Just two days into Skanska's two week civil trial over damage that runaway barges purportedly caused to a Pensacola oyster farm, tempers were already flaring.

The owner, operator and sole employee of Pensacola's DeLuna Oyster Company Inc., Travis Gill, took the stand Wednesday to testify in his civil lawsuit trial against Skanska USA, claiming the construction company's loose barges destroyed his oyster farm in the wake of Hurricane Sally.

During opening statements Tuesday, Gill's attorneys told the jury that two barges destroyed the crop of oysters and all of Gill's equipment, dragging the oyster cages up the shoreline during the hurricane and ruining an estimated crop of 700,000 oysters.

Skanska's attorneys have indicated its expert witnesses are of the opinion the damage was caused by rough surf and wind from the hurricane.

Crushed oysters and mangled cages found 'within arm's reach' of beached Skanska barge

While on the stand, Gill told the jury about checking on his oyster farm the day after Hurricane Sally tore through Pensacola, and he said all of his oysters were gone.

Gill took his boat out to his section of water he's leased through the state to grow oysters, and found nothing but open water, two of his four water pilings and a single, yellow buoy floating where his oyster cages once floated.

G. Jeffrey Vernis, one of Gill's attorneys, asked Gill if he had seen those circular buoys anywhere else in Pensacola, and Gill said he's only seen that type of buoy on a Skanska barge each time he launched his oyster boat from Bayou Texar to work on his farm.

Although Gill said he believes the buoy found in his oyster farm may be unique to Skanska, one of Skanska's attorneys, Jeremy Branning, asked the oyster farm owner if he knew for sure the buoy came from one of Skanska's barges rather than floating in from anywhere else. Gill responded, "No."

Skanska blames weather: Skanska tells jury weather destroyed Pensacola oyster farm, not a loose barge

Another point of contention was whether thousands of crushed oysters and mangled oyster cages found near a beached Skanska barge adequately prove the barge destroyed the farm.

While he was on the stand, Gill's attorneys showed the jury photos of broken and dead oysters littering the area around a Skanska barge roughly a quarter mile away from DeLuna Oyster farm. Gill said the closest oyster cage to the Skanska barge was "within arm's reach" of the hull.

Branning's counterpoint to the plaintiff's assertion is that one of the flattened oyster cages was found on the train tracks well above the sandy beach area where the barge sat. He claims the surf would have had to take the cage from the water and up onto the tracks, meaning the surf could have dislodged and destroyed the gear and oysters.

Attorney's tempers flare during questioning

While Gill was on the stand, tension quickly grew between the two teams of attorneys as Branning began asking Gill about letters his attorneys sent Skanska.

"Your honor, they know they're getting killed and they're trying for a mistrial," Vernis told the judge. "He should be competent enough to know not to ask those questions, and he is, even after your instructions (not to).

"It's completely improper, and he brought it up knowing it's improper to do it," Vernis continued as his voice grew louder. "And if he doesn't know, he should know."

Branning countered the objection by saying Gill testified he took Skanska experts on his personal boat to survey the oyster farm damage after Sally, and Branning said it's important to understand the only reason Skanska officials went out to see the damage was because of notices the plaintiff's attorneys had sent to the construction company.

However, Circuit Judge Jennifer Frydrychowicz told Branning he was out of line by questioning Gill in front of the jury about the letters Skanska received from Gill's attorneys.

"Mr. Branning, letters from the lawyers to Skanska is not appropriate for this witness, and I told you to stay away from that not once, but twice, and here we are for a third round," Frydrychowicz said sternly.

Skanska admits barges broke free: Skanska confirms 22 barges washed ashore during Hurricane Sally, 12 onto private property

Branning moved on from his line of questioning regarding the letters, and Frydrychowicz said Skanska's expert witness who joined Gill on the boat could explain why they were there and what they were tasked with doing when it was his turn to take the stand.

The trial between Skanska and DeLuna Oyster Company is scheduled to end Nov. 17.

This article originally appeared on Pensacola News Journal: Skanska v. DeLuna Oyster Company trial continues as tempers flare