SHARON PAIT, APPELLANT,
v.
FORD MOTOR COMPANY, APPELLEE
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Sharon Pait appealed a dismissal of her wrongful death action against Ford Motor Company based on Florida's 12-year statute of repose for product liability claims. The court affirmed the dismissal, holding that the statute was constitutional under Pullum v. Cincinnati, Inc., and certified questions to the Florida Supreme Court regarding the retroactive application of a 1986 amendment abolishing the statute of repose.
The court affirmed the dismissal under the valid statute of repose, relying on Pullum v. Cincinnati, Inc., which held the statute constitutional. The court found no legislative intent that the 1986 amendment abolishing the statute of repose operate retroactively, and no property or contract rights were acquired by the plaintiff that would create an exception.
[1] A statute of repose for products liability actions bars suits commenced more than twelve years after the date of delivery of the completed product to its original purchas…
[2] A statute of repose, previously held unconstitutional as applied to causes of action barred before they arose, may be retroactively applied if the statute is later declar…
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Join FLexlaw to unlock all legal intelligence“If a decision holding a statute to be unconstitutional is subsequently overruled, the statute will be valid from the date it became effective.”
Establishes the legal principle governing the validity of the statute of repose after Pullum overruled Battilla.
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Join FLexlaw to unlock all legal intelligencePait's decedent was killed on July 22, 1984, while operating a tractor manufactured and delivered by Ford Motor Company more than 12 years before the …
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ORFINGER, Judge.
The plaintiff appeals from a final judgment dismissing this wrongful death action on the basis of section 95.031(2), Florida Statutes (1985), the statute of repose, which provides that product liability actions must be commenced within 12 years after the date of delivery of the completed prod uct to its original purchaser. Plaintiff’s decedent was killed on July 22, 1984 while operating a tractor manufactured and delivered more than 12 years earlier by defendant Ford Motor Company.
We affirm on the authority of Pullum v. Cincinnati, Inc., 476 So. 2d 657 (Fla.1985) which held the statute in question to be constitutional, and not a denial of equal protection or of access to courts.1 Pullum expressly receded from Battilla v. Allis Chalmers Manufacturing Company, 392 So. 2d 874 (Fla.1980) which had earlier held the statute in question to be an unconstitutional deprivation of plaintiffs access to courts. If a decision holding a statute to be unconstitutional is subsequently overruled, the statute will be valid from the date it became effective. Christopher v. Mungen, 61 Fla. 513, 534, 55 So. 273, 280 (1911); State ex rel. Gillespie v. Bay County, 112 Fla. 687, 151 So. 10 (1933). It does not appear that any property or contract rights were acquired by the plaintiff here such as would make an exception to this rule applicable. Cf. Florida Forest and Park Service v. Strickland, 154 Fla. 472, 18 So. 2d 251 (1944).
Neither do we perceive a legislative intent that the 1986 amendment to section 95.031(2), abolishing the 12 year statute of repose in products liability cases, operate retroactively. However, because the questions involved here are recurring and appear to be of great public importance, we certify the following to the Supreme Court of Florida.
I
WHETHER THE LEGISLATIVE AMENDMENT OF SECTION 95.031(2), FLORIDA STATUTES (1985), ABOLISHING THE STATUTE OF REPOSE IN PRODUCT LIABILITY ACTIONS, SHOULD. BE CONSTRUED TO OPERATE RETROSPECTIVELY TO A CAUSE OF ACTION WHICH ACCRUED BEFORE THE EFFECTIVE DATE OF THE AMENDMENT?
II
IF NOT, WHETHER THE DECISION OF PULLUM V. CINCINNATI, INC., 476 So. 2d 657 (FLA.1985) WHICH OVERRULED BATTILLA V. ALLIS CHALMERS MANUFACTURING COMPANY, 392 So. 2d 874 (FLA.1980) APPLIES SO AS TO BAR A CAUSE OF ACTION FOR WRONGFUL DEATH THAT ACCRUED AFTER THE BAT-TILLA DECISION BUT BEFORE THE PULLUM DECISION?
AFFIRMED. QUESTIONS CERTIFIED.
UPCHURCH, C.J., and COWART, J., concur. . See also Cassidy v. Firestone Tire & Rubber Company, 495 So. 2d 801 (Fla. 1st DCA 1986); American Liberty Insurance Company v. West and Conyers, Architects and Engineers, 491 So. 2d 573 (Fla. 2d DCA 1986).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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Melendez v. Dreis & Krump Mfg. Co., 515 So. 2d 735 (Fla. 1987)…ubsequent elimination of the statute of repose cannot save the plaintiffs suit. Accord Shaw v. General Motors Corp., 503 So. 2d 362 (Fla. 3d DCA 1987); Small v. Niagara Machine & Tool Works, 502 So. 2d 943 (Fla. 2d DCA 1987); Pait v. Ford Motor Co., 500 So. 2d 743 (Fla. 5th DCA 1987). See Walker & LaBerge, Inc. v. Halligan, 344 So. 2d 239 (Fla.1977) (immunity from suit not retroactively withdrawn by subsequent legislation). In order to understand the second certified question, it is necessary to review the h…
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Shaw v. Gen. Motors Corp. & Federated Dep't Stores, Inc., 503 So. 2d 362 (Fla. 3d DCA 1987)…ion holding a statute unconstitutional validates the statute as of its effective date, Christopher v. Mungen, 61 Fla. 513, 534, 55 So. 273, 280 (1911); Small v. Niagara Machine & Tool Works, 502 So. 2d 943 (Fla. 2d DCA 1987); Pait v. Ford Motor Co., 500 So. 2d 743 (Fla. 5th DCA 1987); Lamb v. Volkswagenwerk Aktiengesellschaft, 631 F.Supp. 1144 (S.D. Fla.1986), the Shaws’ action was properly the subject of the statutory bar. After the Shaws appealed the Final Judgment, the legislature amended section 95.031(2)…
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Nissan Motor Co., Ltd. v. Phlieger, 508 So. 2d 713 (Fla. 1987)…claim for products liability. Since the respondent's suit was not filed until after February 13, 1982, and was entirely based on products liability, the statute of repose dictated that it should be dismissed. Ironically, in Pait v. Ford Motor Co., 500 So. 2d 743 (Fla. 5th DCA 1987), another panel of the Fifth District Court of Appeal has recently held that section 95.031(2) precluded the filing of a wrongful death action. In that case the death occurred more than twelve years after the offending product had…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Toley Engebretsen v. Engebretsen, 154 Fla. 472 (Fla. 1944)
- Pullum v. Cincinnati, Inc., 476 So. 2d 657 (Fla. 1985)
- Dante A. Battilla and Gail A. Battilla v. Allis Chalmers Mfg. Co. & Travelers Ins. Co., 392 So. 2d 874 (Fla. 1980)
- Christopher v. Mungen, 61 Fla. 513 (Fla. 1911)
- State v. Cnty. of Bay, 112 Fla. 687 (Fla. 1933)
- Am. Liberty Ins. Co. v. West AND Conyers, 491 So. 2d 573 (Fla. 2d DCA 1986)
- Effie Dell Cassidy v. The Firestone Tire & Rubber Co., 495 So. 2d 801 (Fla. 1st DCA 1986)