EDWIN WENTZEL, JR. AND RITA WENTZEL, APPELLANTS,
v.
WARREN BERLINER, APPELLEE; EDWIN WENTZEL, JR., APPELLANT, V. WARREN BERLINER, APPELLEE

Fla. 2d DCA | 1967-12-08
Nos. 67-125, 67-126
LILES, C. J., and PIERCE and HOB-SON, JJ., concur.
204 So. 2d 905 Florida District Court of Appeal, Second District (1967) Caution
Cited by 5 cases

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Synopsis

This case involves a food poisoning claim where plaintiffs alleged a breach of implied warranty of fitness against a church member who helped prepare food for a fundraiser. The court affirmed a summary judgment for the defendant, finding the implied warranty did not apply to a non-business, voluntary contribution.

Holding

No, the doctrine of implied warranty of fitness does not apply in this situation because the defendant was not engaged in a business venture but was merely acting as a volunteer member of the church.

Key Quotes

“The plaintiffs suffered food poisoning which was allegedly contracted as a result of eating food served at a church fund-raising dinner.”

Establishes the factual basis of the plaintiffs' claim.

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Facts & Procedural History

Plaintiffs suffered food poisoning after eating food at a church fund-raising dinner. They sued the defendant, a professional caterer and church membe…

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Topics
Implied Warranty Of Fitness Privity Of Contract

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiff-appellants are appealing from a summary judgment entered in favor of defendant-appellee. The plaintiffs suffered food poisoning which was allegedly contracted as a result of eating food served at a church fund-raising dinner. Defendant, a professional food caterer, was a member of the church and assisted in the preparation of the food. Plaintiffs’ suit was based solely on the allegation that defendant had breached an implied warranty of fitness.

The pleadings, affidavits and depositions show that defendant was not engaged in a business venture but was acting merely as a member of the church who was interested in helping with the dinner. There was no contract between defendant and plaintiffs or between defendant and the church. Furthermore, at no time was defendant acting as a vendor. Admittedly, there need be no contractual privity between a plaintiff and defendant in a suit based upon breach of implied warranty of fitness of foodstuffs. Blanton v. Cudahy Packing Company, 1944, 154 Fla. 872, 19 So.2d 313. However, before the doctrine of implied warranty of fitness is applicable, there must be something more than mere voluntary activity on the part of the defendant. The trial court did not err by entering summary judgment.

Affirmed.

LILES, C. J., and PIERCE and HOB-SON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Sheppard v. Revlon, Inc., 267 So. 2d 662 (Fla. 3d DCA 1972)
    …useful guidance in dealing with further cases as they arise.” The instant transaction, which involves the cosmetics manufacturer and buyer, therefore justifies application of potential warranty liability, so that Wentzel v. Berliner, Fla.App. 1967, 204 So. 2d 905, is distinguishable. The proximate cause issue may be phrased as follows: Whether the jury, after receiving the testimony and evidence presented at trial, could reasonably have found or inferred that the defendant’s cream was the proximate cause of…
  • Wentzel v. Berliner (two cases), 212 So. 2d 871 (Fla. 1968)
    …Certiorari denied without opinion. 204 So. 2d 905.…
  • Licia McQUISTON and Frankie McQuiston v. K-Mart Corp., 796 F.2d 1346 (11th Cir. 1986)
    …o. 2d 180, 182 (Fla. 1st DCA 1975) (city has no implied warran [*1348] ty liability to employee or independent contractor injured while operating city’s fireworks display; implied warranty arises from sale of goods or property); Wentzel v. Berliner, 204 So. 2d 905, 906 (Fla. 2d DCA 1967) (professional food caterer who voluntarily participated in church fund-raising dinner is not liable for breach of implied warranty of fitness because there is no contract between the caterer and the injured diner), cert. deni…

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