LILLIE R. MCINTYRE AND CLEVELAND MCINTYRE, HER HUSBAND, APPELLANTS,
v.
ROBERT MCCLOUD ET AL., APPELLEES
LILLIE R. MCINTYRE AND CLEVELAND MCINTYRE, HER HUSBAND, APPELLANTS,
ROBERT MCCLOUD ET AL., APPELLEES
334 So. 2d 171
Florida District Court of Appeal, Third District (1976)
Positive Treatment
Cited by 15 cases
Opinion of the Court
PER CURIAM.
In this personal injury action, the jury found from the evidence that the plaintiff-appellant did not sustain the in juries alleged, which determination is unquestionably within the jury’s province. Even assuming arguendo, that a “wrong” (in the form of negligence) was perpetrated by the defendants on the plaintiff, it is, nonetheless, well-established in the common law that there is no valid cause of action where there is shown to exist, at the very most, a “wrong” without “damage.” See the general proposition in Scott-Steven Development Corp. v. Gables by the Sea, Inc., Fla.App.1964, 167 So. 2d 763.
Affirmed.
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GAF Corp. v. The Zack Co., 445 So. 2d 350 (Fla. 3d DCA 1984)…ly economic losses in this case. W. Prosser, Law of Torts § 101 at 665 (4th ed. 1971). A negligence action against the defendant GAF cannot lie herein because no cognizable tort damages were sustained by the plaintiff Zack, see McIntyre v. McCloud, 334 So. 2d 171, 172 (Fla.3d DCA 1976); stated differently, no personal injury or property damage was sustained by the plaintiff Zack as a result of its purchase and installation of the defective roofing materials [*352] manufactured by the defendant GAF and theref…
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Am. Optical Corp. v. Spiewak, 73 So. 3d 120 (Fla. 2011)…mon law. Instead, if a defendant challenges the severity or even the existence of damages, the common law prescribes that it is a matter for the jury to decide whether there has in fact been an injury and damage. For example, in McIntyre v. McCloud, 334 So. 2d 171 (Fla. 3d DCA 1976), the Third District Court of Appeal stated: In this personal injury action, the jury found from the evidence that the plaintiff-appellant did not sustain the injuries alleged,-which determination is unquestionably within the jury…
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Affiliates FOR Evaluation & Therapy, Inc. v. Viasyn Corp., 500 So. 2d 688 (Fla. 3d DCA 1987)…at all such claims sound in tort rather than contract as urged by the plaintiff Zack. A negligence action against the defendant GAF cannot lie herein because no cognizable tort damages were sustained by the plaintiff, Zack, see McIntyre v. McCloud, 334 So. 2d 171, 172 (Fla. 3d DCA 1976); stated differently, no personal injury or property damage was sustained by the plaintiff Zack as a result of its purchase and installation of the defective roofing materials manufactured by [*691] the defendant GAF and there…
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- Scott-Steven Dev. Corp., Inc. v. Gables BY THE SEA, Inc., 167 So. 2d 763 (Fla. 3d DCA 1964)