CYNTHIA CAMPOS, INDIVIDUALLY, ETC., ET AL, APPELLANTS,
v.
W.C. DEMETREE, ETC., ET AL, APPELLEES

Fla. 5th DCA | 1983-10-13
No. 83-198
FRANK D. UPCHURCH, Jr., J., and MILLER, Associate Judge, concur.
438 So. 2d 1033 Florida District Court of Appeal, Fifth District (1983) Positive Treatment
Cited by 2 cases
Opinion of the Court
COWART, Judge.

COWART, Judge.

The order dismissing the claim of Tanaya Covert must be affirmed only because she suffered no physical impact. In order to permit Tanaya to preserve the question (if she desires to do so), we again certify to the Florida Supreme Court as a matter of great public importance the same question certified in Champion v. Gray, 420 So. 2d 348 (Fla. 5th DCA 1982).

AFFIRMED.

QUESTION CERTIFIED.

FRANK D. UPCHURCH, Jr., J., and MILLER, Associate Judge, concur.

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  • Doyle v. The Pillsbury Co., 447 So. 2d 1033 (Fla. 4th DCA 1984)
    …s have considered the question presented as a matter of great public importance, Champion v. Gray, 420 So. 2d 348 (Fla. 5th DCA 1982); Cadillac Motor Car Division, General Motors Corp. v. Brown, 428 So. 2d 301 (Fla. 3d DCA 1983); Campos v. Demetree, 438 So. 2d 1033 (Fla. 5th DCA 1983), we join with them and certify the following question of law to the Florida Supreme Court: SHOULD FLORIDA ABROGATE THE “IMPACT RULE” AND ALLOW RECOVERY FOR PHYSICAL INJURIES CAUSED BY A DEFENDANT’S NEGLIGENCE IN THE ABSENCE OF…

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