CITY OF NICEVILLE, FLORIDA AND HARTFORD ACCIDENT & INDEMNITY COMPANY, APPELLANTS,
v.
KENNETH WAYNE MCCULLOUGH, BY AND THROUGH HIS MOTHER AND NEXT FRIEND, SUEDELLA MCCULLOUGH, ET AL., APPELLEES
CITY OF NICEVILLE, FLORIDA AND HARTFORD ACCIDENT & INDEMNITY COMPANY, APPELLANTS,
KENNETH WAYNE MCCULLOUGH, BY AND THROUGH HIS MOTHER AND NEXT FRIEND, SUEDELLA MCCULLOUGH, ET AL., APPELLEES
295 So. 2d 707
Florida District Court of Appeal, First District (1974)
Positive Treatment
Cited by 30 cases
Opinion of the Court
PER CURIAM.
Affirmed on authority of American Fire and Casualty Company v. Blanton, 182 So. 2d 36 (Fla.App.1966), and Wilder v. Wright, 278 So. 2d 1 (Fla.1973).
RAWLS, C. J., and JOHNSON and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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West v. Caterpillar Tractor Co., Inc., 336 So. 2d 80 (Fla. 1976)…. Not only has the court made inroads into the requirement of privity, but has always extended exceptions to broader categories of persons, such as prospective or potential customers (Matthews v. Lawnlite Co., supra; McCarthy v. Florida Ladder Co., 295 So. 2d 707 (Fla.App. 2d 1974)); employees of purchasers (Barfield v. Atlantic Coastline R. R. Co., 197 So. 2d 545 (Fla.App. 2d 1967)). In Toombs v. Fort Pierce Gas Co., 208 So. 2d 615, 617 (Fla.1968), the Court designated the product (propane storage gas) as f…
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Cassisi v. The Maytag Co., 396 So. 2d 1140 (Fla. 1st DCA 1981)…quirements common to negligence or warranty actions do not require that a plaintiff establish a specific product defect since the proof of defect can be established by reasonable inferences from the circumstances. See McCarthy v. Florida Ladder Co., 295 So. 2d 707, 709-710 (Fia.2d DCA 1974). . Note, supra, note 15, at 1784. . Id. at 1784-85. . There are, of course, exceptions to the requirement that the defendant have exclusive control of the product for the res ipsa doctrine to apply. In such cases, the i…
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Dubin v. DOW Corning Corp., 478 So. 2d 71 (Fla. 2d DCA 1985)…pair. The Kelley case would be entirely controlling here if Dubin’s only claims were predicated on breaches of implied warranties of fitness and merchantability. Warranties of that nature pertain to existing defects, McCarthy v. Florida Ladder Co., 295 So. 2d 707 (Fla. 2d DCA 1974), though the statute of limitations begins to run when the defects are discovered or reasonably should have been discovered. Creviston v. General Motors Corp., 225 So. 2d 331 (Fla.1969). However, Dubin is also claiming on a written…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wilder v. Wright, 278 So. 2d 1 (Fla. 1973)
- Am. Fire & Cas. Co. v. Blanton, 182 So. 2d 36 (Fla. 1st DCA 1966)