ERWIN VARNADORE, APPELLANT,
v.
ROHM-GESELLSCHAFT, A.G., A GERMAN CORPORATION; AND GERLING-KONZERN, ALLGEMEINE VERSICHERUNGS-AKTIENGESELLSCHAFT, AN INSURER; AND EIG CUTLERY, INC., A FLORIDA CORPORATION AND OLD REPUBLIC INSURANCE COMPANY, APPELLEES
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The court affirmed summary judgment dismissing a products liability suit under Florida's twelve-year statute of repose. Although the legislature subsequently repealed the statute of repose for product liability actions, the repeal applied prospectively only and did not revive claims barred before its enactment.
The statute of repose validly barred appellant's action because his cause of action accrued more than twelve years after delivery of the product. The legislature's amendment abrogating the statute of repose operates prospectively only and does not resurrect claims already barred.
[1] A statute of repose, enacted before a cause of action accrues, is constitutional and bars claims that accrue more than twelve years after the date of a product's delivery…
[2] A legislative amendment abrogating a statute of repose in product liability actions operates prospectively only, absent express legislative intent to the contrary.
Previewing 2 of 3 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“The Pullum decision validated the statute of repose as of its effective date.”
Establishes that the statute was valid when appellant's cause of action accrued, regardless of later repeal.
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Join FLexlaw to unlock all legal intelligenceAppellant sustained personal injuries in 1981 when a gun manufactured and distributed by appellees discharged upon being dropped. The gun was delivere…
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THOMPSON, Judge.
The lower court entered a summary final judgment in favor of appellee/defendants in appellant’s products liability suit. We affirm.
The facts of the case are undisputed. Appellant sustained personal injuries in 1981 when a gun manufactured and distributed by appellees discharged when it was dropped. The gun was delivered to its original purchaser in 1963. In 1984 appellant filed suit. Because appellant’s cause of action accrued more than twelve years after the date of the gun’s delivery to its original purchaser, summary judgment was granted based on the twelve year statute of repose, § 95.031(2) Fla. Stat. (1983).
Section 95.031(2), Fla.Stat. became law in 1975. In Battilla v. Allis Chalmers Manufacturing Company, 392 So. 2d 874 (Fla. 1981) the supreme court determined that the statute denied the plaintiff’s access to the courts contrary to art. I, § 21 of the Florida Constitution. Then in 1985 the court receded from Battilla and held that the statute of repose was not unconstitutional. Pullum v. Cincinnati, Inc., 476 So. 2d 657 (Fla.1985), appeal dismissed 475 U.S. 1114, 106 S.Ct. 1626, 90 L.Ed.2d 174 (1986). Shortly thereafter the Florida legislature amended § 95.031(2) to abrogate the statute of repose in product liability actions. Ch. 86-272, § 2, Laws of Fla. The Pullum decision validated the statute of repose as of its effective date. Cassidy v. Firestone Tire & Rubber Company, 495 So. 2d 801 (Fla. 1st DCA 1986), review denied 506 So. 2d 1040 (Fla.1987). The legislature’s amendment of § 95.031(2), absent any express intent to the contrary, operates prospectively only. Small v. Niagara Machine and Tool Works, 502 So. 2d 943 (Fla. 2d DCA), review denied 511 So. 2d 999 (Fla.1987). The Florida Supreme Court has recently confirmed the correctness of these decisions in answering two questions certified by the Third District Court of Appeal. Melendez v. Dreis and Krump Manufacturing Company, 515 So. 2d 735 (Fla.1987). Accordingly, appellant’s action was barred by the statute of repose and the legislature’s subsequent repeal of that statute has no effect on his suit.
AFFIRMED.
SHIVERS and ZEHMER, JJ., concur.
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Nat'l Ins. Underwriters v. Cessna Aircraft Corp., 522 So. 2d 53 (Fla. 5th DCA 1988)…and Brackenridge v. Ametek, Inc., 517 So. 2d 667 (Fla.1987). . For a general analysis of this question, see Annot., Prospective or Retroactive Operation of Overruling Decision, 10 A.L.R.3d 1371 (1966). . E.g. Varnadore v. Rohm-Gesellschaft, A.G., 515 So. 2d 399 (Fla. 1st DCA 1987); Smith v. Sturm, Ruger, Smith & Company, Inc., 510 So. 2d 343 (Fla. 2d DCA 1987); Lazo v. Baring Industries, Inc., 508 So. 2d 1256 (Fla. 3d DCA 1987); Carroll v. Volkswagen of America, Inc., 508 So. 2d 556 (Fla. 4th DCA 1987); Pu…
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Garza v. Jordan Farms & Fla. Farm Bureau Ins. Co., 532 So. 2d 720 (Fla. 1st DCA 1988)…ibed limitation period and to make it applicable to existing causes of action pro [*722] vided the change in the law is effective before the cause of action is extinguished by the force of a preexisting statute; Varnadore v. Rohm-Gesellschaft, A.G., 515 So. 2d 399 (Fla. 1st DCA 1987), holding that the legislature’s abolition of the 12-year statute of repose could not be applied to “breathe life” into a complaint already barred by the statute of repose. The fact that amended subsection (l)(d) was effective Jul…
Authorities Cited
- Pullum v. Cincinnati, Inc., 476 So. 2d 657 (Fla. 1985)
- Melendez v. Dreis & Krump Mfg. Co., 515 So. 2d 735 (Fla. 1987)
- Dante A. Battilla and Gail A. Battilla v. Allis Chalmers Mfg. Co. & Travelers Ins. Co., 392 So. 2d 874 (Fla. 1980)
- Small v. Niagara Mach. & Tool Works, 502 So. 2d 943 (Fla. 2d DCA 1987)
- Humphrey v. Comm. on Prof'l Ethics & Conduct of the Iowa State Bar Assn., 475 U.S. 1114 (U.S. 1986)
- Rhode Island v. Manocchio, 475 U.S. 1114 (U.S. 1986)
- Effie Dell Cassidy v. The Firestone Tire & Rubber Co., 495 So. 2d 801 (Fla. 1st DCA 1986)