TRI-COUNTY TRUSS COMPANY, ETC., ET AL., APPELLANTS,
v.
JOE DONALD LEONARD, JR., APPELLEE

Fla. 4th DCA | 1985-03-20
No. 83-913
ANSTEAD, C.J., and DOWNEY, J., concur.
467 So. 2d 370 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Tri-County Truss Company appealed a jury verdict awarding damages to Joe Donald Leonard for injuries sustained when a truss manufactured by Tri-County broke during installation. The appellate court affirmed the judgment, holding that comparative negligence was properly excluded as a defense to the strict liability claim and that the full damage award was properly entered.


Holding

The court affirmed the trial judgment. The trial court properly directed a verdict striking the comparative negligence defense from the strict liability claim because there was no evidence of product misuse, assumption of known risk, or other permitted defenses under West v. Caterpillar Tractor Company. Because the jury found for Leonard on strict liability, the full damage award of $240,000 was properly entered without reduction for comparative negligence.


Headnotes

[1] A plaintiff's failure to discover a defect or guard against its existence is not a defense to a strict liability claim.

[2] Misuse of a product, assumption of a known risk, or other misconduct may be asserted as defenses to a strict liability claim.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“any negligence of a plaintiff in failing to discover a defect or guard against the possibility of its existence is not a defense to strict liability”

Establishes the key principle that ordinary negligence in failing to discover a defect does not constitute a valid comparative negligence defense to strict liability claims.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Leonard was injured when a truss manufactured by Tri-County Truss Company broke while he was installing it. Leonard sued in negligence, strict liabili…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
RODGERS, EDWARD, Associate Judge.

RODGERS, EDWARD, Associate Judge.

Appellant, Tri-County Truss Company, appeals from a final judgment entered upon a jury verdict in favor of appellee, Joe Donald Leonard, Jr., for injuries sustained in a fall by Leonard when a truss, manufactured by Tri-County and being installed by Leonard, broke.

Leonard sued Tri-County Truss Company in separate counts for negligence, strict liability, and implied warranty. Tri-County alleged comparative negligence as an affirmative defense. The trial court directed a verdict against Tri-County on its comparative negligence defense as it applied to Leonard’s strict liability claim but left the defense intact as to the negligence claim. Subsequently, the jury returned a verdict in favor of Leonard on the strict liability count. The jury also found for Leonard and against Tri-County on the negligence count, but found that Leonard was 10 percent comparatively negligent. Total damages were assessed in the amount of $240,-000.00.

Several points were raised on appeal, the first being whether the trial court erred in granting a directed verdict on the comparative negligence defense as to the strict liability claim. In West v. Caterpillar Tractor Company, 386 So. 2d 80 (Fla.1976), the court, while indicating that the defense of comparative negligence could generally be applied to a strict liability claim, held that any negligence of a plaintiff in failing to discover a defect or guard against the possibility of its existence is not a defense to strict liability. Tri-County correctly notes that lack of ordinary care which proximately contributes to a plaintiff’s injuries by intentionally assuming the risks of a known danger or misusing the product are all proper defenses to strict liability. In our view, however, there was no evidence presented to support any claim of misuse of the product, assumption of a known risk, or other misconduct permitted by West to be asserted as a defense to a strict liability claim. At best the defense offered speculation of safer methods of working on the trusses. A safer method is always easier to find based upon a failed experience. We find no error in the trial court’s action on this issue.

The second point raised is that the trial court erred in failing to reduce Leonard’s damage award by 10 percent based upon the degree of his comparative negligence. Obviously, since the court had directed a verdict that struck any affirmative defenses to the strict liability count, and since the jury found for Leonard on the strict liability, the court properly entered the judgment for the total amount of damages, $240,000.00. These damages would be reduced only if the jury had found for Tri-County on the strict liability claim. The third point concerns an allegedly improper “Golden Rule” argument by Leonard’s counsel during closing arguments. The trial court overruled an objection to the argument and later observed at a hearing on a motion for new trial: “I made the ruling at that time based upon the way I perceived that the argument was progressing.” We find no reversible error in the trial court’s handling of the issue. This court certainly could not conjure up from the record the perceptions of the trial judge at that instant. We therefore yield to his superior vantage point to evaluate the comment and its potentially harmful impact. We also find no reversible error in the trial court’s denial of Tri-County’s post-trial motion to interview the jurors. See Kasper Instruments, Inc. v. Maurice, 394 So. 2d 1125 (Fla. 4th DCA 1981).

The final judgment of the trial court is affirmed.

ANSTEAD, C.J., and DOWNEY, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Alderman v. Wysong & Miles Co., 486 So. 2d 673 (Fla. 1st DCA 1986)
    …llation process. The defense that the decedent assumed a known risk and failed to exercise due care for his own safety is unquestionably an appropriate one in the strict liability context. West, supra, at 90, 92; Tri-County Truss Company v. Leonard, 467 So. 2d 370 (Fla. 4th DCA 1985) pet. for rev. den., 476 So. 2d 676 (Fla.1985). That defense finds ample support in this record. In fact, in the posture of this case as it went to the jury, we are inclined to accept appellee’s contention that to have given appel…
  • Cleveland Clinic Fla. v. Wilson, 685 So. 2d 15 (Fla. 4th DCA 1996)
    …t a judgment shall not be reversed unless it appeal’s to the court that the error complained of resulted in a miscarriage of justice). We ourselves appear to have applied a harmless error test in at least one case. In TriCounty Truss Co. v. Leonard, 467 So. 2d 370 (Fla. 4th DCA), rev. denied, 476 So. 2d 676 (Fla.1985), we refused to i-everse the trial court’s denial of a new trial based on a golden rale argument, defeiring to the supe-l’ior vantage point of the trial court to evaluate the comment and its pote…
  • Bathsheba Gonzalez v. G.A. Braun, Inc., 608 So. 2d 125 (Fla. 3d DCA 1992)
    …the user’s failure to discover the defect in the product or on the user’s failure to guard against the possibility of the existence of the defect. West v. Caterpillar Tractor Co. Inc., 336 So. 2d 80, 90 (Fla. 1976); Tri-County Truss Co. v. Leonard, 467 So. 2d 370 (Fla. 4th DCA), rev. denied, 476 So. 2d 676 (Fla.1985). Comparative negligence, however, is a valid defense if the user of the product assumed the risk, misused the product, or failed to use ordinary due care. West, 336 So. 2d at 90. In the instant…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw