WILLIAM A. BRACKENRIDGE, APPELLANT,

v.

AMETEK, INC. AND BARING INDUSTRIES, INC., APPELLEES

Fla. 3d DCA | 1987-02-10

No. 85-2775

Before HUBBART, BASKIN and DANIEL S. PEARSON, JJ.

503 So. 2d 363 Florida District Court of Appeal, Third District (1987) Positive Treatment

Cited by 12 cases

Topics

Retrospective Operation Of Statutes Product Liability Action Statute Of Repose Accrual Of Cause Of Action

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Opinion of the Court

PER CURIAM.

Affirmed on the authority of Shaw v. General Motors Corp., 503 So. 2d 362 (Fla. 3d DCA 1987). As in Shaw, we certify to the Supreme Court of Florida the following questions as being of great public importance: I. Should the legislative amendment of Section 95.031(2), Florida Statutes (1983), abolishing the statute of repose in product liability actions, be construed to operate retrospectively as to a cause of action which accrued before the effective date of the amendment?

II. If not, should the decision of Pullum v. Cincinnati, Inc., 476 So. 2d 657 (Fla.1985), appeal dismissed, — U.S. -, 106 S.Ct. 1626, 90 L.Ed.2d 174 (1986), which overruled Battilla v. Allis Chalmers Mfg. Co., 392 So. 2d 874 (Fla.1980), apply so as to bar a cause of action that accrued after the Battilla decision but before the Pullum decision?

Affirmed.

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Citator

Cited By

Brackenridge v. Ametek, Inc., 517 So. 2d 667 (Fla. 1987)

…GRIMES, Justice. Pursuant to article V, section 3(b)(4) of the Florida Constitution, we review the decision of the Third District Court of Appeal upon questions certified to be of great public importance. Brackenridge v. Ametek, Inc., 503 So. 2d 363 (Fla. 3d DCA 1987). Brackenridge was injured by a laundry extractor more than twelve years after its delivery to the original purchaser. In affirming the dismissal of his product liability action, the court certified the following questions: I. SH…
Curtiss-Wright Corp. v. Diaz, 507 So. 2d 1197 (Fla. 3d DCA 1987)

…o. 2d 362 (Fla. 3d DCA 1987). See also Clausell v. Hobart Corp., 506 So. 2d 1160, (Fla. 3d DCA 1987); Wallis v. Grumman Corp., 503 So. 2d 366 (Fla. 3d DCA 1987); Lane v. Koehring Co., 503 So. 2d 364 (Fla. 3d DCA 1987); Bracken-ridge v. Ametek, Inc., 503 So. 2d 363 (Fla. 3d DCA 1987). Second, the provision of Rule 1.540(b)(5) under which the trial court granted relief from judgment is the same as its federal counterpart, Fed.R.Civ.P. 60(b)(5), and, therefore, it is appropriate that we “look to the background o…
Nat'l Ins. Underwriters v. Cessna Aircraft Corp., 522 So. 2d 53 (Fla. 5th DCA 1988)

…turing Company, 503 So. 2d 365 (Fla. 3d DCA), affirmed, 515 So. 2d 735 (Fla.1987); Dominguez v. Bucyrus-Erie Company, Inc., 503 So. 2d 364 (Fla. 3d DCA 1987); Lane v. Koehring Company, 503 So. 2d 364 (Fla. 3d DCA 1987); Brackenridge v. Ametek, Inc., 503 So. 2d 363 (Fla. 3d DCA), approved 517 So. 2d 667 (Fla.1987); Shaw v. General Motors Corporation, 503 So. 2d 362 (Fla. 3d DCA 1987). . See Hampton v. A. Duda & Sons, Inc., 511 So. 2d 1104 (Fla. 5th DCA 1987) ("Nor did Hampton act in reliance on the Battilla d…

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Authorities Cited

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)
Shaw v. Gen. Motors Corp. & Federated Dep't Stores, Inc., 503 So. 2d 362 (Fla. 3d DCA 1987)

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