ROBERT P. WALLIS, APPELLANT,
v.
THE GRUMMAN CORPORATION, APPELLEE
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PER CURIAM.
The summary final judgment in favor of the defendant, The Grumman Corporation, is 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 Pul-lum 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. Al-lis Chalmers Mfg. Co., 392 So. 2d 874 (Fla.1980), apply so as to bar a cause of action that accrued after the Battil-la decision but before the Pullum decision?
Affirmed.
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Curtiss-Wright Corp. v. Diaz, 507 So. 2d 1197 (Fla. 3d DCA 1987)…vive causes of action which had by then been extinguished by the statute of repose. See Shaw v. General Motors Corp., 503 So. 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…
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Nat'l Ins. Underwriters v. Cessna Aircraft Corp., 522 So. 2d 53 (Fla. 5th DCA 1988)…1100 (Fla. 3d DCA 1987); Keyes v. Fulton Manufacturing Corp., 506 So. 2d 1099 (Fla. 3d DCA 1987); Desvergundt v. Koppers Company, Inc., 506 So. 2d 60 (Fla. 3d DCA 1987); Willer v. Pierce, 505 So. 2d 441 (Fla. 4th DCA 1987); Wallis v. Grumman Corp., 503 So. 2d 366 (Fla. 3d DCA), approved, 515 So. 2d 1276 (Fla.1987); Melendez v. Dreis and Krump Manufacturing 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); La…
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Wallis v. The Grumman Corp., 515 So. 2d 1276 (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 two questions certified to be of great public importance. Wallis v. Grumman Corp., 503 So. 2d 366 (Fla. 3d DCA 1987). Wallis was injured in the crash of a Grumman aircraft more than twelve years after delivery of that aircraft to its original purchaser. In affirming the dismissal of his product liability action, the court certified the followin…
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Join FLexlaw to unlock all legal intelligenceAuthorities 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)