DAVID KENNETH TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID KENNETH TURNER, APPELLANT,
STATE OF FLORIDA, APPELLEE
291 So. 2d 58
Florida District Court of Appeal, First District (1974)
Negative Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
Appellant was adjudicated guilty and sentenced to two consecutive five year sentences after a jury trial on four-counts of possession and sale of a narcotic drug.
We have reviewed the record on appeal and the briefs filed by the parties herein. Upon our consideration thereof, we are of the view that appellant has failed to demonstrate reversible error in the judgment and sentences appealed herein, and the same are therefore
Affirmed.
SPECTOR, Acting C. J., and JOHNSON and BOYER, JJ., concur.
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West v. Caterpillar Tractor Co., Inc., 336 So. 2d 80 (Fla. 1976)…instrumentality. See Hicks & Sternlieb, Products Warranty Law in Florida — A Realistic Overview, 25 U.Miami L.Rev. 241 (1971); and Matthews v. Lawnlite Co., 88 So. 2d 299 (Fla.1956). The court stated in Keller v. Eagle Army-Navy Dept. Stores, Inc., 291 So. 2d 58, 60 (Fla.App. 4th 1974): “Florida has long recognized that certain instrumentalities are ‘dangerous in-strumentalities’ per se, such as an automobile driven on the highways (Southern Cotton Oil Co. v. Anderson, 1920, 80 Fla. 441, 86 So. 629), an ai…
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Adobe Bldg. Ctrs., Inc. v. Reynolds, 403 So. 2d 1033 (Fla. 4th DCA 1981)…. The court did not specifically refer to the doctrine of strict liability but only a strained analysis avoids the conclusion that it was, indeed, the rationale employed. Although our own Court, in Keller v. Eagle Army-Navy Department Stores, Inc., 291 So. 2d 58 (Fla. 4th DCA 1974) permitted recovery against a seller for personal injuries to one not in privity, strict liability again was not specifically addressed. The issue was further clouded because, while the product there was not determined to be a dan…
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Favors v. The Firestone Tire & Rubber Co., 309 So. 2d 69 (Fla. 4th DCA 1975)…ince 1963 this doctrine has swept the country so that by 1971 it was accepted and applied by [*74] some two-thirds of the courts. Prosser, Torts, Sec. 98 pp. 657-658 (4th ed. 1971). In the recent case of Keller v. Eagle Army-Navy Department Stores, 291 So. 2d 58 (4th D.C.A.Fla.1974), in equating the liability of a retailer with that of a manufacturer for marketing a product alleged to be a dangerous instrumentality in fact, this court applied the strict liability Section 402 A of the Second Restatement of T…
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