MARIA ACOSTA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LUIS ACOSTA, SR., DECEASED, APPELLANT,
v.
FIRESTONE TIRE & RUBBER CO., AND KELSEY HAYES COMPANY, APPELLEES

Fla. 3d DCA | 1991-06-11
No. 90-2024
Before FERGUSON, JORGENSON, and GERSTEN, JJ.
592 So. 2d 1102 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 10 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Maria Acosta appeals summary judgment dismissing her wrongful death action against tire manufacturers on statute of repose grounds. The court reversed, holding that Florida's repeal of the twelve-year products liability statute of repose in 1986 applies to this action, allowing the claim to proceed despite the product being delivered in 1966.


Holding

The court reversed the summary judgment, holding that the repealed statute of repose is inapplicable and that a products liability action may be maintained under the current statute of limitations provisions. The repeal creates a clean break with past repose policy and applies to claims arising after its effective date, even for products delivered long before.


Headnotes

[1] A statute of repose does not create a vested right to be free from liability.

[2] The repeal of a statute of repose does not retroactively revive a cause of action that was extinguished prior to the repeal.

Previewing 2 of 5 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

Key Quotes

“A statute of repose does not create a vested interest.”

Establishes the fundamental legal principle rejecting defendants' vested rights argument

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Luis Acosta was killed in August 1987 when a multipiece rim and wheel assembly exploded. The rim and wheel components were manufactured by Firestone a…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
JORGENSON, Judge.

JORGENSON, Judge.

Maria Acosta appeals from adverse summary judgments in a wrongful death action. For the following reasons, we reverse.

In August, 1987, Luis Acosta was killed when a multipiece rim and wheel assembly exploded, causing part of the assembly to separate and strike him. In December, 1987, Maria Acosta, as personal representative of her husband’s estate, filed a wrongful death action against Firestone and Kelsey Hayes, the manufacturers of the component parts of the rim assembly.

Firestone and Kelsey Hayes moved for summary judgment alleging that Acosta’s claim was time-barred under the 1975 Statute of Repose, section 95.031(2), Florida Statutes.1 In response, Acosta alleged that her cause of action was viable under the current version of section 95.031(2), Florida Statutes, which repealed the twelve-year statute of repose in products liability actions.2

Following a stipulation between the parties, the trial court made the following findings: (1) that the latest date of delivery to the initial purchaser was December 31, 1966; (2) that the effective date of Florida’s product liability twelve-year statute of repose was January 1, 1975; (3) that the twelve-year statute of repose elapsed on December 31, 1978; (4) that the statute of repose was repealed by the Florida legislature on July 1, 1986; and (5) that the incident which gave rise to this litigation did not occur until August 18, 1987, twenty-one years after the product was delivered to the initial purchaser and seven and one-half years after the twelve-year repose period had expired.

Following a hearing, the trial court granted the defendants' motions for summary judgment finding that the twelve-year repose period had expired while section 95.031(2), Florida Statutes (1975), was still in force and effect and constitutional and that, therefore, the plaintiff’s cause of action was extinguished before it ever accrued. The trial court also held that in 1978, when the twelve-year repose period expired, immunity from suit became a vested right which could not constitutionally be affected by the subsequent repeal of the statute of repose.

This case appears to be one of first impression in the Florida appellate court system. However, the District Court for the Southern District of Florida, in Daniell v. Baker-Roos, Inc., No. 89 Civ 14100, 1990 WL 302693 (S.D.Fla. July 19, 1990), addressed the precise question involved here. In Daniell, a products liability action, the plaintiff was injured by an allegedly defective scaffolding on April 1, 1989. The defendant manufacturer had delivered the product to the original purchaser prior to 1972. The defendant moved for summary judgment alleging that Florida’s repealed twelve-year statute of repose barred the plaintiffs action. Like the defendants here, the defendant in Daniell argued that, at the expiration of the twelve-year time period, there was a vested right not to be sued which could not be affected by the statutory repeal of the statute of repose. Judge Ryskamp in Daniell denied the defendant’s motion for summary judgment finding that the Florida legislature could not have intended to exempt products liability actions from the 1986 amendment for an indefinite period of time and that the repealed statute of repose did not create a vested right to be free from liability. Dan-iell, No. 89 Civ 14100, slip op. at 2-3. We agree.

The statute of repose did not exist when the allegedly defective tire was delivered to the original purchaser. After the statute was enacted in 1974, its history was volatile. In 1980 the Florida Supreme Court in Battilla v. Allis Chalmers Mfg. Co., 392 So. 2d 874 (Fla.1980), held that the twelve-year statute of repose, as it applied to a plaintiff whose injury occurred more than twelve years after delivery of the product to its first purchaser, constituted an unconstitutional denial of access to courts. Then, in 1985, the Florida Supreme Court, in Pullum v. Cincinnati, Inc., 476 So. 2d 657, 659 (Fla.1985), receded from Battilla and held that the statute of repose is “not unconstitutionally violative of the Florida Constitution.” The following year, the Florida legislature amended section 95.-031(2) to repeal the twelve-year statute of repose in products liability actions. Finally, in 1987, the Florida Supreme Court in Melendez v. Dreis & Krump Mfg. Co., 515 So. 2d 735 (Fla.1987), held that the legislative amendment abolishing the statute of repose in products liability actions did not apply retrospectively to an action that arose before the effective date of the amendment.

Based upon the plain language of the 1986 amendment and case law interpreting the repealed and current versions of section 95.031(2), we conclude that the repealed statute of repose is inapplicable here and that a products liability action may be maintained under sections 95.031(2) and 95.11, Florida Statutes (1987).3 We agree with Judge Ryskamp’s interpretation in Daniell that the Florida Supreme Court in Melendez, by holding that the repeal of section 95.031(2) does not operate retroactively, “merely provided a definite date, the effective date of the amendment, to break cleanly with past policy regarding repose in products liability actions. Only this reading gives effect to the plain meaning of the amendment_” Daniell, No. 89 Civ 14100, slip op. at 2.

To deprive the appellant of her cause of action in this case would, in effect, apply a repealed statute prospectively, nullify the 1986 amendment abrogating the statute of repose in products liability cases, and wreak havoc on ordinary rules of statutory interpretation. Such a result would be absurd.

The appellees’ contention that the 1975 statute of repose conferred a vested right not to be sued is without merit.4 A statute of repose does not create a vested interest. Eddings v. Volkswagenwerk, A.G., 835 F. 2d 1369 (11th Cir.), cert. denied sub nom, Griffin v. Ford Motor Co., 488 U.S. 822, 109 S.Ct. 68, 102 L.Ed.2d 44 (1988); Brackenridge v. Ametek, Inc., 517 So. 2d 667 (Fla.1987), appeal dism. and cert. denied, 488 U.S. 801, 109 S.Ct. 30, 102 L.Ed.2d 9 (1988); Olympic Products Co. v. Roof Systems, Inc., 79 N.C.App. 436, 339 S.E. 2d 432, rev. denied, 316 N.C. 553, 344 S.E. 2d 8 (1986).

We recognize that our decision today is in direct conflict with the recent decision of Walker v. Miller Electric Mfg. Co., 16 F.L.W. 1386, 1991 WL 82508 (Fla. 4th DCA May 22, 1991). In an interesting twist of jurisprudential fate, the conflict that has thus arisen could not be more direct. The fourth district in Walker, 16 F.L.W. at 1387, relied primarily on the “thorough and persuasive” reasoning found in the order of the circuit court in the “factually indistinguishable” case of Acosta v. Firestone Tire & Rubber Co., Nos. 87-53150 and 89-37110 CA(11) (Fla. 11th Cir. Aug. 14, 1990), which, by this opinion, we reverse.

Based upon the foregoing, we conclude that Mr. Acosta would have been permitted to maintain a products liability action if he were alive. Therefore, we likewise conclude that his personal representative may maintain a wrongful death action on his behalf. See Pait v. Ford Motor Co., 515 So. 2d 1278 (Fla.1987). We certify conflict with the fourth district, Walker v. Miller Electric Mfg. Co., 16 F.L.W. 1386,1991 WL 82508 (Fla. 4th DCA May 22, 1991). Furthermore, because this case presents a question of great public importance, we certify the following question to the Florida Supreme Court:

DOES THE NOW REPEALED STATUTE OF REPOSE, SECTION 95.031(2), FLORIDA STATUTES (1975), BAR A PLAINTIFF’S CAUSE OF ACTION WHERE THE LAW IN EFFECT AT THE TIME THE DECEDENT’S CAUSE OF ACTION ACCRUED WOULD HAVE PERMITTED HIM TO MAINTAIN A PRODUCTS LIABILITY ACTION IF HE WERE ALIVE.

Reversed and remanded; conflict certified; question certified.

. That section provides that:

actions for products liability ... must be begun within the period proscribed in this chapter, with the period running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence, ... but in any event within 12 years after the date of delivery of the completed product to its original purchaser ... regardless of the date the defect in the product ... was or should have been discovered. (Emphasis added)

. Section 95.031(2), Florida Statutes (1987), provides that "actions for products liability under s. 95.11(3) must be begun within the period prescribed in the chapter, with the period running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence[.]” Section 95.11(3), Florida Statutes (1987), in turn, provides a four-year limitations period for products liability actions.

. This action was filed four months after Mr. Acosta was killed.

. Florida cases involving statutes of limitations do not mandate a different conclusion. There is a fundamental difference between a statute of repose which can terminate a plaintiffs right to sue before a claim arises and a statute of limitations which delineates the time a party has to initiate an action once an injury has occurred. See Daniell, No. 89 Civ 14100 (S.D.Fla. March 13, 1990); Lamb v. Volkswagenwerk Aktienge-sellschaft, 631 F.Supp. 1144 (S.D.Fla.1986), aff’d sub nom Eddings v. Volkswagenwerk, A.G., 835 F. 2d 1369 (11th Cir.1988), cert. denied sub nom, Eddings v. Volkswagenwerk, 488 U.S. 822, 109 S.Ct. 68, 102 L.Ed.2d 44 (1988).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Firestone Tire & Rubber Co. v. Acosta, 612 So. 2d 1361 (Fla. 1992)
    …OVERTON, Justice. We have for review Acosta v. Firestone Tire & Rubber Co., 592 So. 2d 1102 (Fla. 3d DCA 1991), and Walker v. Miller Electric Manufacturing Co., 591 So. 2d 242 (Fla. 4th DCA 1991), in which the Third and Fourth Districts took opposing views of the applicability of the statute of repose set forth in section 95.031(2), Florid…
    1 / 2
  • Walker v. Miller Elec. Mfg. Co., 591 So. 2d 242 (Fla. 4th DCA 1991)
    …Judge. We grant appellant’s motion for rehearing and certification for the limited purpose of certifying a question to be of great public importance and to certify that this opinion is in direct conflict with Acosta v. Firestone Tire & Rubber Co., 592 So. 2d 1102 (Fla. 3d DCA 1991). We substitute the following opinion to reflect the foregoing: The trial court dismissed appellant Margaret Walker’s complaint because the cause of action was barred by the statute of repose. We affirm. Appellant, as personal re…
    1 / 2
  • Drozdowski v. Thomson Nat'l Press Co., 606 So. 2d 437 (Fla. 4th DCA 1992)
    …ufacturing Co., 591 So. 2d 242 (Fla. 4th DCA 1991), certify to the supreme court the same question certified in that case as one of great public importance and certify the opinion to be in conflict with that in Acosta v. Firestone Tire & Rubber Co., 592 So. 2d 1102 (Fla. 3d DCA 1991). GLICKSTEIN, C.J., and ANSTEAD and STONE, JJ., concur.…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited (11 total)

View all 11 cited authorities →

Full citator, related cases, and AI research tools

Open in FLexlaw