CHARLES W. WARNER, KEL-LOR CORP., F/U/B/O INSURANCE COMPANY OF NORTH AMERICA, APPELLANTS,
v.
SONY CORPORATION OF AMERICA, A FOREIGN CORPORATION, APPELLEE
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This appeal addresses whether a directed verdict was properly granted in a product liability case involving a fire of unknown origin allegedly caused by a defective Sony AM/FM receiver. The court reversed, holding that sufficient evidence existed under the Greco inference to allow the case to proceed to a jury on strict liability, negligence, and implied warranty theories.
The court held that the directed verdict was erroneous. Sufficient evidence existed under the Greco inference to establish a prima facie case for jury consideration, as the product's malfunction during normal operations created a legal inference of defectiveness that satisfied the plaintiff's burden of proof for purposes of getting the case to the jury.
[1] A directed verdict is erroneous if there is any reasonable view of the evidence that could sustain a verdict in favor of the non-moving party.
[2] When a product malfunctions during normal operations, a legal inference arises that the product was defective, establishing a prima facie case for jury consideration.
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Join FLexlaw to unlock all legal intelligence“The Greco inference aids the plaintiff in meeting his burden by creating a légal inference that the product was defective both at the time of the injury and at the time it was within the control of the supplier.”
Establishes the foundational legal principle that allows a defect inference to arise from product malfunction
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Join FLexlaw to unlock all legal intelligenceA fire of unknown origin occurred on a vessel, and the evidence indicated the fire started within or in close proximity to a Sony AM/FM receiver with …
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HERSEY, Chief Judge.
This is an appeal from a directed verdict absolving appellee, Sony, from liability for damages to a vessel caused by a fire of unknown origin. The issue on appeal is whether there was sufficient evidence of a defective product to take the case to the jury. The theories pled were strict liability in tort, negligence and implied warranty.
Our task is to answer the question whether, viewing the evidence in the light most favorable to appellant, there is any reasonable view of the evidence that could sustain a verdict in favor of appellant (and thus adverse to appellee, Sony). If that answer is in the affirmative, then reversal is required. See Tesher & Tesher, P.A. v. Rothfield, 392 So. 2d 1000 (Fla. 4th DCA 1981).
The admissible evidence in this case would permit a jury to find that the fire started within or in close proximity to a Sony AM/FM receiver with stereo speakers located in the salon of the vessel. With the aid of the Greco inference, this evidence enables plaintiffs case to go to the jury. That is The Greco1 inference aids the plaintiff in meeting his burden by creating a légal inference that the product was defective both at the time of the injury and at the time it was within the control of the supplier. The inference arises from the occurrence of the accident itself. When a product malfunctions during normal operations, a legal inference arises that the product is defective, and the injured plaintiff thereby establishes a prima facie case for jury consideration. Cassissi v. Maytag Co., 396 So. 2d 1140 (Fla. 1st DCA 1981).
Marcus v. Anderson/Gore Homes, Inc., 498 So. 2d 1051, 1052 (Fla. 4th DCA 1986).
It will then be up to the jury to consider the product’s age and other factors in determining the likelihood that the product was defective at the time of its manufacture.
We find no error in the court’s refusal to admit certain reports into evidence.
Holding that the directed verdict was erroneous, we reverse and remand for a new trial.
REVERSED AND REMANDED.
WARNER and GARRETT, JJ., concur. . Greco v. Bucciconi Engineering Co., 283 F.Supp. 978 (W.D.Pa.1967), aff'd, 407 F. 2d 87 (3d Cir.1969).
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Miller v. Allstate Ins. Co., 650 So. 2d 671 (Fla. 3d DCA 1995)…734 F. 2d 676 (11th Cir.1984) (Cassisi applied); Parke v. Scotty’s Inc., 584 So. 2d 621 (Fla. 1st DCA) (same), review denied, 592 So. 2d 682 (Fla.1991);5 Jones v. Heil Co., 566 So. 2d 565 (Fla. 1st DCA 1990) (same); Warner v. Sony Corp. of America, 560 So. 2d 399 (Fla. 4th DCA 1990) (same); Thrasher v. Koehring Co., 543 So. 2d 754 (Fla. 3d DCA 1988) (same); Diversified Products Corp. v. Faxon, 514 So. 2d 1161 (Fla. 1st DCA 1987) (same); Marcus v. Anderson/Gore Homes, Inc., 498 So. 2d 1051 (Fla. 4th DCA 1986)…
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Straley v. Frank, 585 So. 2d 334 (Fla. 2d DCA 1991)…CA 1991); Wolfson v. Cary, 488 So. 2d 864 (Fla. 3d DCA 1986); Rabben v. Rabben, 468 So. 2d 500, 501 (Fla. 5th DCA 1985). . § 61.075(3)(a)3, Fla.Stat. (1989). . Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). . Warner v. Sony Corp. of America, 560 So. 2d 399 (Fla. 4th DCA 1990); Cunningham v. Anchor Hocking Corp., 558 So. 2d 93, 96 (Fla. 1st DCA), rev. denied, 574 So. 2d 139 (Fla.1990); Hutchinson v. Miller, 548 So. 2d 883, 884 (Fla. 5th DCA 1989). . § 61.075(3)(b), Fla.Stat. (1989). . See also Keller…
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United Fire & Cas. Co. v. Whirlpool Corp., 704 F.3d 1338 (11th Cir. 2013)…. Applying the “Cassisi inference” to this evidence it is clear that there genuine dispute as to whether a manufacturing defect within the dryer caused the fire. Consequently, summary judgment was not proper. See, e.g., Warner v. Sony Corp. of Am,., 560 So. 2d 399, 400 (Fla.Dist.Ct.App.1990) (holding that evidence that fire started within or in close proximity to audio receiver, together with Cassisi inference, allowed plaintiffs product liability claim to go to the jury). IV. Conclusion For these reasons,…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cassisi v. The Maytag Co., 396 So. 2d 1140 (Fla. 1st DCA 1981)
- Greco v. Bucciconi Eng'g Co., Inc., 407 F.2d 87 (3d Cir. 1969)
- Marcus v. Anderson/Gore Homes, Inc., 498 So. 2d 1051 (Fla. 4th DCA 1986)
- Tesher & Tesher, P. A. v. Ira Rothfield and Ira Rothfield, D.D.S., P. A., 392 So. 2d 1000 (Fla. 4th DCA 1981)