BERNARD F. GRALL, PETITIONER,

v.

JOSEPH RISDEN, JR., D/B/A RISDEN'S RESTAURANT, RESPONDENT

Citator

Cited By (33 total)

• West v. Caterpillar Tractor Co., Inc., 336 So. 2d 80 (Fla. 1976)
  …of a defective or unwholesome condition is wholly irrelevant to his liability on the theory of implied warranty, and the question certified must therefore be answered in the affirmative.” 154 So. 2d at 170-71. See also McLeod v. W. S. Merrell Co., 174 So. 2d 736 (Fla.1965). In a products liability suit against a manufacturer of. a commercial product by an ultimate consumer or a user, the sole test has been whether or not the product was reasonably safe for its intended use, as manufactured and designed, wh…
• McCABE v. Walt Disney World Co., 350 So. 2d 814 (Fla. 4th DCA 1977)
  …d in negligence cases only where the moving party has successfully met his burden of proving the absence of a genuine issue of material fact. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Grall v. Risden, 167 So. 2d 610 (Fla. 2d DCA 1964), cert. denied 174 So. 2d 736 (Fla.1965). However, the existence of negligence or contributory negligence is ordinarily a question for the jury, and courts should be cautious in granting summary judgment in negligence cases. Holl v. Talcott, supra. This is true even where there…
• Russell v. Cmty. Blood Bank, Inc., 185 So. 2d 749 (Fla. 2d DCA 1966)
  …, 45 So. 2d 671, which imposed liability on a retailer for sale of a can of sardines which he could not have known was dangerous without destroying the product’s saleability. However, in the •subsequent case of McLeod v. W. S. Merrell Co., Fla.1965, 174 So. 2d 736, the court held that a retail druggist filling a prescription from a medical doctor with an unadulterated prepackaged drug was not liable to the patient-purchaser for breach of implied warranty when the drug produced harmful effects on the purchaser…