GERALD DOYLE AND MARIE DOYLE, APPELLANTS,
v.
THE PILLSBURY COMPANY, A FOREIGN CORPORATION, GREEN GIANT COMPANY, A FOREIGN CORPORATION, AND PUBLIX SUPER MARKET, INC., A FLORIDA CORPORATION, APPELLEES
GERALD DOYLE AND MARIE DOYLE, APPELLANTS,
THE PILLSBURY COMPANY, A FOREIGN CORPORATION, GREEN GIANT COMPANY, A FOREIGN CORPORATION, AND PUBLIX SUPER MARKET, INC., A FLORIDA CORPORATION, APPELLEES
447 So. 2d 1033
Florida District Court of Appeal, Fourth District (1984)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm the final summary judgment in favor of appellees Green Giant Company and Publix Super Market, Inc. on the authority of Gilliam v. Stewart, 291 So. 2d 593 (Fla.1974). However, since two other districts 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 PHYSICAL IMPACT UPON THE PLAINTIFF?
Affirmed.
DOWNEY, HERSEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kittles v. State, 31 So. 3d 283 (Fla. 4th DCA 2010)…a state prison and that “when a defendant is convicted of both a felony and a misdemeanor, the trial court may properly sentence a defendant to county jail time on the misdemeanor to be followed by a prison sentence”); see also Giarraputo v. State, 447 So. 2d 1033, 1033 (Fla. 4th DCA 1984) (“In this case, a trial judge sentenced the defendant to 364 days in ‘Florida State Prison;’ on appeal, the state concedes that a sentence for less than one year cannot be served in any state penitentiary”). Here, the judg…
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Doyle v. The Pillsbury Co., 476 So. 2d 1271 (Fla. 1985)…McDonald, justice. We have for review Doyle v. Pillsbury Co., 447 So. 2d 1033 (Fla. 4th DCA 1984), which certified the following question to be of great public importance: SHOULD FLORIDA ABROGATE THE "IMPACT RULE” AND ALLOW RECOVERY FOR PHYSICAL INJURIES CAUSED BY A DEFENDANT’S NEGLIGENCE IN THE ABSENCE OF PHYSICAL IMPACT UP…
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Anderson v. State, 617 So. 2d 827 (Fla. 1st DCA 1993)…current sentences. In conclusion, the court stated: “We reject the state’s argument that Daniels’ trespassing sentence cannot be concurrent with his felony sentences.” 491 So. 2d at 545. As a final note, appellant’s reliance on Giarraputo v. State, 447 So. 2d 1033 (Fla. 4th DCA 1984), is misplaced. In Giarra-puto, the state conceded it was improper to impose a sentence of 364 days in Florida State Prison, because a sentence of less than one year cannot be served in any state penitentiary. See § 775.08(1), Fla…
Authorities Cited
- Gilliam v. Stewart, 291 So. 2d 593 (Fla. 1974)
- Walton D. Champion v. Gray, 420 So. 2d 348 (Fla. 5th DCA 1982)
- Cadillac Motor CAR Division v. Brown, 428 So. 2d 301 (Fla. 3d DCA 1983)
- Campos v. W.C. Demetree, 438 So. 2d 1033 (Fla. 5th DCA 1983)