EFREM JOHNSON, APPELLANT,
v.
SUPRO CORPORATION, APPELLEE
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Johnson sued Supro Corporation for injuries sustained when he fell from machinery that Supro had modified in 1970 and subsequently sold as part of its entire Florida operation in 1976. The court affirmed summary judgment for Supro, holding that Supro could not be held liable under any products liability theory because it was not in the business of manufacturing and distributing the machine itself, but rather used it for its own manufacturing purposes.
Supro cannot be held liable under any products liability theory because the essential requirement for all such theories is that the responsible party be in the business of and gain profits from distributing or disposing of the product through the stream of commerce. Supro was in the business of manufacturing dry wall products with the machine, not in the business of manufacturing and distributing the machine itself.
[1] A manufacturer is not liable under products liability theories, including strict liability and negligence, unless the manufacturer is in the business of and profits from…
[2] The sale of an entire facility, including a component part, does not render the original manufacturer of the component part liable under products liability theories if th…
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Establishes the fundamental requirement for all products liability theories that the defendant must be in the business of distributing the product
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Join FLexlaw to unlock all legal intelligenceIn 1970, Supro Corporation, a dry wall products manufacturer, added a platform and grating to a ribbon blender it had purchased in 1966. In 1976, Supr…
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SCHWARTZ, Chief Judge.
In 1970, the defendant Supro Corporation, which was engaged in manufacturing dry wall products in Orlando, added a platform and grating to a piece of machinery called a “ribbon blender” it had purchased in 1966. In 1976, Supro sold its entire Florida operation — including the blender, which it had continued to use without incident — to a competitor, FRM, Inc.1 That company installed the blender in its Fort Lauderdale plant where, on July 1, 1984, one of its employees, the plaintiff Johnson, fell from the grating and was injured. Alleging that the accident had been caused by defects in the changes in the equipment it made in 1970, Johnson sued Supro on claims of negligent manufacture, breach of implied warranty, and strict liability. He now appeals from a summary judgment in the defendant’s favor. We affirm.
Even though Supro may be regarded for some purposes as the “assembler” and therefore the “manufacturer” of the piece of equipment it rebuilt, see A.E. Finley & Associates, Inc. v. Medley, 141 So. 2d 613 (Fla. 3d DCA 1962), cert. denied, 148 So. 2d 279 (Fla.1962), it cannot be held liable in this case even if the adaptation had been improperly effected. This is because every theory of products liability inuring to the benefit of third persons like Johnson — from that of negligent manufacture which effec tively originated in MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050 (1916), through breach of implied warranty, see Toombs v. Fort Pierce Gas Co., 208 So. 2d 615 (Fla.1968), to and including the strict liability doctrine of section 402A of the Restatement of Torts as adopted in Florida by West v. Caterpillar Tractor Co., 336 So. 2d 80 (Fla.1976) — is based on the essential requirement that the responsible party is in the business of and gains profits from distributing or disposing of the “product” in question through the stream of commerce. See West v. Caterpillar Tractor Co., 336 So. 2d at 86 (“The manufacturer, by placing on the market a potentially dangerous product for use and consumption and by inducement and promotion encouraging the use of these products, thereby undertakes a certain and special responsibility toward the consuming public who may be injured by it.”); Bevard v. Ajax Manufacturing Co., 473 F.Supp. 35 (E.D.Mich.1979) (only “merchant” subject to claim for breach of implied warranty). See generally Keith v. Russell T. Bundy & Associates, Inc., 495 So. 2d 1223 (1986) and cases cited.
It is clear that Supro does not fall within this rule.. It was in the business of manufacturing dry wall products with the machine which it adapted for that very use and purpose; it was decidedly not in the business of manufacturing and distributing the machine itself. Furthermore, the onetime sale of its entire operation, which happened to include the ribbon blender, cannot render it liable to Johnson any more than a homeowner who incorrectly installs a built-in dishwasher may be held responsible as a “manufacturer” to a subsequent purchaser of the home. See Barry v. Stevens Equipment Co., 176 Ga.App. 27, 335 S.E. 2d 129 (1985) (repairer hired by owner of used shearing machine was not a manufacturer strictly liable in tort for injuries sustained from the use of machine, even though repairer completely rebuilt machine; although repairer assembled component parts, it did not do so for purpose of selling machine as new property); see also Bruce v. Martin-Marietta Corp., 418 F.Supp. 837 (W.D.Okla.1975), aff’d, 544 F. 2d 442 (10th Cir.1976); Walker v. Skyclimber, Inc., 571 F.Supp. 1176 (D.V.I.1983); compare A.E. Finley & Associates, Inc. v. Medley, 141 So. 2d at 614 (negligent assembler of machine held liable to employee of purchaser in course of trade).2
Affirmed.
. The basis of our ruling makes it unnecessary to treat any of the other asserted grounds for affirmance, including the proposition that, if it is arguendo assumed that Supro indeed “manufactured” the ribbon blender by adapting it for its own use in 1970, it must also be deemed to have "delivered” the completed product at that time, thus invoking the bar of the twelve-year statute of repose. § 95.031(2), Fla.Stat. (1985); Pullum v. Cincinnati, Inc., 476 So. 2d 657 (Fla. 1985), appeal dismissed, — U.S.-, 106 S.Ct. 1626, 90 L.Ed.2d 174 (1986).
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Adoro Mktg., Inc. v. da Silya, 623 So. 2d 542 (Fla. 3d DCA 1993)
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Lane v. Int'l Paper Co., 545 So. 2d 484 (Fla. 1st DCA 1989)…ution and sale of the product through the stream of commerce. The one time sale of the entire paper mill, of which the broke conveyor is only a small part, does not render IPC liable under any products liability theory. Johnson v. Supro Corporation, 498 So. 2d 528 (Fla. 3d DCA 1986). AFFIRMED. SMITH, C.J., and MINER, J., concur.…
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N. Miami Gen. Hosp., Inc. v. Goldberg, 520 So. 2d 650 (Fla. 3d DCA 1988)…uct’s distributive chain. See and compare, e.g., Mobley v. South Florida Beverage Corp., 500 So. 2d 292 (Fla. 3d DCA 1986) (retailer of defective Pepsi cartons strictly liable), review denied, 509 So. 2d 1117 (Fla.1987), with Johnson v. Supro Corp., 498 So. 2d 528 (Fla. 3d DCA 1986) (manufacturer which defectively rebuilds machinery for its own use in producing other product not strictly liable). This model plainly does not fit a health care provider like North Miami General with respect to a piece of equipme…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- West v. Caterpillar Tractor Co., Inc., 336 So. 2d 80 (Fla. 1976)
- Pullum v. Cincinnati, Inc., 476 So. 2d 657 (Fla. 1985)
- Bruce v. Martin-Marietta Corp. & Ozark Airlines, Inc., 544 F.2d 442 (10th Cir. 1976)
- Toombs v. Fort Pierce GAS Co., 208 So. 2d 615 (Fla. 1968)
- Theda Keith v. Russell T. Bundy & Assocs., Inc., 495 So. 2d 1223 (Fla. 5th DCA 1986)
- Xerographic Supplies Corp. v. Hertz Commercial Leasing Corp., 386 So. 2d 299 (Fla. 3d DCA 1980)
- A. E. Finley & Assocs., Inc. v. Medley, 141 So. 2d 613 (Fla. 3d DCA 1962)
- Guze v. Guze, 141 So. 2d 613 (Fla. 3d DCA 1962)
- Jackson v. Johnson, 148 So. 2d 279 (Fla. 1962)