ALBERTA BASS PERRY, APPELLANT,
v.
LUBY CHEVROLET, INC., APPELLEE

Fla. 3d DCA | 1984-03-13
No. 83-2378
Before SCHWARTZ, C.J., and BASKIN and FERGUSON.
446 So. 2d 1150 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 14 cases
Topics
Breach Of Warranty Strict Liability Genuine Issue Of Material Fact Negligence

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Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

We reverse the Final Summary Judgment entered in favor of the automobile retailer in an action predicated upon breach of warranty, negligence, and strict liability. Appellant was allegedly injured when the steering mechanism of her car locked and the car veered off the road into a bridge embankment. Appellant had purchased the automobile from Luby Chevrolet. .Although Luby was responsible for repairs and service, it had not performed any of these services prior to the mishap.

We are aware of no legal impediment to the establishment of appellant’s claims under theories of strict liability or breach of warranty should the evidence presented to the trier of fact support such recovery. Uniform Commercial Code, § 672.314, Fla. Stat. (1981); Restatement (Second) of Torts § 402 A. (1965). Whether there was a defect in the automobile presents a genuine issue of material fact precluding summary judgment. Holl v. Talcott, 191 So. 2d 40 (Fla.1966).

We agree, however, that summary judgment on the issue of negligence was proper. Reversed in part; affirmed in part; remanded with directions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • R.A. Jones & Sons, Inc. v. Holman, 470 So. 2d 60 (Fla. 3d DCA 1985)
    …to goods of that kind, there is an implied warranty that such goods shall be merchantable, as that term is defined in succeeding portions of the section.6 See Smith v. Burdines, Inc., 144 Fla. 500, 198 So. 223 (1940); Perry v. Luby Chevrolet, Inc., 446 So. 2d 1150 (Fla. 3d DCA 1984). Clearly, H & M, as the seller of the engines to Jones and the distributor of Ford industrial engines, is both a “seller,” see § 672.-103(d), Fla.Stat. (1975), and a “merchant,” see § 672.104(1), Fla.Stat. (1975), under Section 67…
  • Samuel Friedland Fam. Enters. v. Amoroso, 630 So. 2d 1067 (Fla. 1994)
    …tributors. Mobley v. South Florida Beverage Corp., 500 So. 2d 292 (Fla. 3d DCA 1986) (retailers), review denied, 509 So. 2d 1117 (Fla.1987); Visnoski v. J.C. Penney Co., 477 So. 2d 29 (Fla. 2d DCA 1985) (distributors); Perry v. Luby Chevrolet, Inc., 446 So. 2d 1150 (Fla. 3d DCA 1984) (retailers); Adobe Bldg. Centers, Inc. v. Reynolds, 403 So. 2d 1033 (Fla. 4th DCA) (retailers and wholesalers), review dismissed, 411 So. 2d 380 (Fla.1981). In the instant case, we must decide whether the doctrine of strict liabil…
  • Feldman v. Am. Motors Sales Corp., 639 So. 2d 82 (Fla. 3d DCA 1994)
    …PER CURIAM. The dismissal of the plaintiffs complaint against the appellee American Motors Sales Corporation is reversed as to the claims (a) for personal injury based on strict liability, Perry v. Luby Chevrolet, Inc., 446 So. 2d 1150 (Fla. 3d DCA 1984), and (b) for breach of express warranty under the Magnuson-Moss Warranty Act, 15 U.S.C.A. § 2304(a)(1) (1982); Gates v. Chrysler Corp., 397 So. 2d 1187 (Fla. 4th DCA 1981).1 The other claims asserted in the plaintiffs various amen…

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