THOMAS FRANCIS GALLAGHER, JR., AND CAROL GALLAGHER, HIS WIFE, APPELLANTS,
v.
PITTSBURGH CORNING CORPORATION, APPELLEE
THOMAS FRANCIS GALLAGHER, JR., AND CAROL GALLAGHER, HIS WIFE, APPELLANTS,
PITTSBURGH CORNING CORPORATION, APPELLEE
608 So. 2d 855
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 13 cases
Opinion of the Court
PER CURIAM.
The Gallaghers commenced this action for injuries caused by exposure to the appellee’s product, on theories of negligence and strict liability. This appeal is brought, after an adverse jury verdict on the negligence count, from a pretrial omnibus order which dismissed the strict liability count. We reverse for a trial on the authority of Beraglia v. Owens-Corning Fiberglass Corp., 606 So. 2d 1213 (Fla. 3d DCA 1992), which holds that a plaintiff in an asbestos litigation is entitled to proceed to trial on a strict liability claim so long as the claim does not duplicate the negligence claim.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Holmes Reg'l Med. Ctr., Inc. v. Dumigan, 151 So. 3d 1282 (Fla. 5th DCA 2014)…isingenuous attempt] to avoid the [pre-suit notice] requirements of Chapter 766 by characterizing the [d]eeedent as a mere ‘business invitee’” because the claim was essentially a medical malpractice action); Martinez v. Lifemark Hosp. of Fla., Inc., 608 So. 2d 855, 856-57 (Fla. 3d DCA 1992) (finding that the. case should be handled under the FMMA because plaintiffs asserted claims of negligent hiring and retention, fraud and misrepresentation, and intentional tort were necessarily and inextricably connected t…
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Stackhouse v. Emerson, 611 So. 2d 1365 (Fla. 5th DCA 1993)…re negligently performed and, consequently, that an action based thereon is barred by the statute of limitations applicable to malpractice actions, including a claim based on lack of informed consent.2 Martinez v. Lifemark Hospital of Florida, Inc., 608 So. 2d 855 (Fla. 3d DCA 1992); Neilinger v. Baptist Hospital of Miami, Inc., 460 So. 2d 564 (Fla. 3d DCA 1984); Mount Sinai Hospital of Greater Miami, Inc. v. Wolfson, 327 So. 2d 883 (Fla. 3d DCA 1976). As noted, appellees’ motions to dismiss contain several…
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Palms W. Hosp. Ltd. P'ship v. Burns, 83 So. 3d 785 (Fla. 4th DCA 2011)…he negligent medical treatment ‘is both necessary to the claims against the [hospital] and inextricably connected to them.’ ” St. Anthony’s Hosp., Inc. v. Lewis, 652 So. 2d 386, 387 (Fla. 2d DCA 1995) citing Martinez v. Lifemark Hosp. of Fla., Inc., 608 So. 2d 855, 857 (Fla. 3d DCA 1992)). The respondent asks that we consider Joseph v. University Behavioral LLC., 71 So. 3d 913 (Fla. 5th DCA 2011), in support of the idea that not every wrongful act involved in a medical setting necessarily implicates medical…
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- Beraglia v. Owens-Corning Fiberglas Corp. & W.R. Grace Company-Conn., 606 So. 2d 1213 (Fla. 3d DCA 1992)