ROBERTO PIMENTEL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CELESTINO PIMENTEL, DECEASED, AS ASSIGNEE OF CLINICA DE EMERGENCIAS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
LOUIS RODRIGUEZ IZNAGA, M.D. AND ARGONAUT INSURANCE COMPANY, APPELLEES
ROBERTO PIMENTEL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CELESTINO PIMENTEL, DECEASED, AS ASSIGNEE OF CLINICA DE EMERGENCIAS, INC., A FLORIDA CORPORATION, APPELLANT,
LOUIS RODRIGUEZ IZNAGA, M.D. AND ARGONAUT INSURANCE COMPANY, APPELLEES
431 So. 2d 667
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 8 cases
Opinion of the Court
BASKIN, Judge.
Because we find that the record discloses the existence of issues of fact and reasonable evidence upon which the jury could legally predicate a verdict in favor of the non-moving party, Tiny’s Liquors, Inc. v. Davis, 353 So. 2d 168 (Fla. 3d DCA 1977), we reverse the final judgment entered by the trial court. We reinstate the verdict as to the issues previously decided by the jury and remand for a new trial on the question of alleged fraud or collusion left undecided by the jury. Haendel v. Paterno, 388 So. 2d 235 (Fla. 3d DCA 1980).
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Maritza Scheman-Gonzalez v. Saber Mfg. Co., 816 So. 2d 1133 (Fla. 4th DCA 2002)…oy, 466 So. 2d 1079, 1082 (Fla. 4th DCA 1984); Brito v. County of Palm Beach, 753 So. 2d 109, 112 (Fla. 4th DCA 1998); see, e.g., Cohen v. Gen. Motors Corp., Cadillac Div., 427 So. 2d 389, 391 (Fla. 4th DCA 1983); Perez v. Nat’l Presto Indus., Inc., 431 So. 2d 667, 669 (Fla. 3d DCA 1983). This court has recognized that, “[t]o warn adequately, the product label must make apparent the potential- harmful consequences. The warning should be of such intensity as to cause a reasonable man to exercise for his own s…
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Rodriguez v. NEW Holland N. Am., Inc., 767 So. 2d 543 (Fla. 3d DCA 2000)…nc. v. Medina, 719 So. 2d 312, 314 (Fla. 3d [*545] DCA 1998), review denied, 733 So. 2d 516 (Fla.1999)(quoting Cohen v. General Motors Corp., Cadillac Div., 427 So. 2d 389, 390-91 (Fla. 4th DCA 1983)); see also Perez v. National Presto Indus., Inc., 431 So. 2d 667 (Fla. 3d DCA)(“[the] duty [to warn] extends only to those dangers which are not obvious”)(citing Clark v. Boeing Co., 395 So. 2d 1226 (Fla. 3d DCA 1981)), review denied, 440 So. 2d 352 (Fla.1983). Further, there is no duty to warn the plaintiff of a…
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Hardin v. Montgomery Elevator Co., 435 So. 2d 331 (Fla. 1st DCA 1983)…nance of the product, improper use, or a part, after many years, simply wearing out. Builders Shoring and Scaffolding Equipment Company, Inc. v. Schmidt, 411 So. 2d 1004, 1006 (Fla. 5th DCA 1982). See also Perez v. National Presto Industries, Inc., 431 So. 2d 667, (Fla. 3d DCA 1983) (summary judgment for manufacturer affirmed where evidence showed no design or manufacturing defect, but only that over-pressure safety plug on twenty-three year old pressure cooker simply wore out). To summarize, we hold that t…
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- Tiny's Liquors, Inc. v. Davis, 353 So. 2d 168 (Fla. 3d DCA 1977)
- Haendel v. Paterno, 388 So. 2d 235 (Fla. 5th DCA 1980)