JERGENS

v.

GALLOP

Citator

Cited By (14 total)

• Cassisi v. The Maytag Co., 396 So. 2d 1140 (Fla. 1st DCA 1981)
  …operation factor with the requirement that before the res ipsa doctrine may be applied in a negligence action, the product must not have been improperly handled after it left the possession of the retailer. Groves v. Florida Coca-Cola Bottling Co., 40 So. 2d 128 (Fla.1949); Coca-Cola Bottling Company v. Clark, 299 So. 2d 78 (Fla. 1st DCA 1974). . The rule which we adopt today does not conflict with that stated in Royal v. Black and Decker Mfg. Co., 205 So. 2d 307, 309 (Fla. 3d DCA 1967), or in West v. Cate…
• Marrero v. Malcolm G. Goldsmith, M.D., 486 So. 2d 530 (Fla. 1986)
  …establish grounds for relying on res ipsa loquitur by proving the bottle was not subjected to extraneous abuse between the time it left the exclusive control of the bottler and the time of injury. See, e.g., Groves v. Florida Coca Cola Bottling Co., 40 So. 2d 128 (Fla.1949). Marrero suffered an injury to a part of her body which normally should not have been at risk during the course of an anesthetized surgical procedure. An inference may justifiably arise that all of the parties to the procedure may be fo…
• Dayton Tire & Rubber Co. v. Davis, 348 So. 2d 575 (Fla. 1st DCA 1977)
  …cting with plaintiffs, tending to show intervening damage resulting from contributory negligence. See also Burgin v. Merritt, 311 So. 2d 688, 691 (Fla. 4th DCA) cert. den., 324 So. 2d 84 (Fla. 1975). Compare Groves v. Florida Coca-Cola Bottling Co., 40 So. 2d 128, 130 (Fla.1949), quoted in Steele v. Royal Crown Cola Bottiing Co., 335 So. 2d 586, 588 (Fla.3d DCA 1976). The Supreme Court is considering Goodyear on certiorari granted. . Restatement (Second) of Torts § 328d, comment c (1964): “The fact that a t…