LIGGETT GROUP, INC., APPELLANT,
v.
BEVERLY DAVIS, APPELLEE
LIGGETT GROUP, INC., APPELLANT,
BEVERLY DAVIS, APPELLEE
973 So. 2d 684
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We grant Liggett Group, Inc.’s motion for certification and certify the following as questions of great public importance:
1. Is a plaintiff required to establish an alternative safer design in order to prevail on a design defect claim for an inherently dangerous product?
2. Should Florida adopt the Restatement (Third) of Torts for design defect cases?
WARNER, GROSS, JJ., and SCOLA, JACQUELINE HOGAN, Associate Judge, concur.
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In re Standard Jury Instructions IN Civil Cases-Report NO. 09-10 (Products Liability), 91 So. 3d 785 (Fla. 2012)…s only adopted the Restatement (Second) of Torts. The Fourth District subsequently certified the following specific question to this Court: “Should Florida adopt the Restatement (Third) of Torts for design defect eases?” Liggett Grp., Inc. v. Davis, 973 So. 2d 684, 685 (Fla. 4th DCA 2008). We declined to answer the certified question, as pointed out in the committee note. After the proposed committee notes were written, the Third District decided the case of Agrofollajes, S.A. v. E.I. Du Pont De Nemours & Co…1 / 2
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Ventura v. State, 47 So. 3d 913 (Fla. 3d DCA 2010)…RAMIREZ, C.J. We reconsider on remand our opinion in Ventura v. State, 973 So. 2d 684 (Fla. 3d DCA 2008), which the Florida Supreme Court quashed in part and affirmed in part following its decision in Ventura v. State, 29 So. 3d 1086 (Fla.2010). As the Florida Supreme Court ordered, we reconsider our earlier decision in light of Stat…