SLAVIN
v.
MCCANN PLUMBING CO.
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Slavin sought damages for injuries sustained at an apartment motel from both the motel operator and the plumbing contractor who installed the basin that caused the injury. The trial court dismissed the complaint against the plumbing contractor, and the Florida Supreme Court affirmed the dismissal but required the trial court to allow amendment of the complaint.
The trial court properly dismissed the complaint under the general rule that contractors are not liable for injuries to third parties after work completion and acceptance by the owner, but the court erred in dismissing with prejudice because the complaint should have been permitted to be amended to potentially invoke recognized exceptions to this rule.
“contractors, vendors and manufacturers are not liable for injuries to third parties occurring after the contractor has completed the work and turned the project over to the owner or employer and it has been accepted by him”
Establishes the general rule under which the motion to dismiss was granted
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Join FLexlaw to unlock all legal intelligenceSlavin was a guest at the Carousel Apartment Motel in Miami when he was seriously injured by a wash basin installed by McCann Plumbing Co. The motel w…
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TERRELL, Justice.
Alleging that he was seriously injured when a guest at the Carousel Apartment Motel in Miami, appellant brought this action to secure damages for permanent injuries against Gaines Construction Co., the operators of the motel, and McCann Plumbing Co. who installed the wash 'basin therein which caused the injury. The trial court granted motion to dismiss as to Mc-Cann Plumbing Company and the plaintiff appealed.
The point for determination is whether or not the trial court committed error in dismissing the complaint with prejudice as to McCann Plumbing Co. The argument of counsel is directed pro and con to the well-settled rule that contractors, vendors and manufacturers are not liable for injuries to third parties occurring after the contractor has completed the work and turned the project over to the owner or employer and it ha9 been accepted by him. Appellant was a “third party” and McCann Plumbing Co. was a “contractor” as contemplated by this rule. It is well known from the decisions that there are about as many exceptions to this rule as there are factual situations to which it is applied. In Breeding’s Dania Drug Co. v. Runyan, 147 Fla. 123, 2 So. 2d 376, and in Carter v. Livesay Window Co., Fla., 73 So. 2d 411, this Court recognized exceptions to it. There are other cases in this and other jurisdictions of similar import. We think the complaint is vulnerable to the test for simple negligence as well as to the dangerous instrumentality doctrine contemplated by Breeding’s Dania Drug Co. v. Runyan or Carter v. Livesay Window Company. We think, however, that leave should have been given to amend the complaint. Garvie v. Cloverleaf, Inc., 136 Fla. 899, 187 So. 360; Rule 1.15(e), 1954 Rules of Civil Procedure.
The judgment appealed from is accordingly affirmed but with instructions to permit amendment of the complaint if so desired.
Affirmed.
ROBERTS, C. J., and SEBRING and MATHEWS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Slavin v. Sanford KAY, 108 So. 2d 462 (Fla. 1958)…ranted the motion of appellee-Mc-Cann Plumbing Company to dismiss the complaint as to it and the action was reviewed here. This court affirmed the judgment but permitted the appellant to amend, and this was done. Slavin v. McCann Plumbing Co., Fla., 73 So. 2d 902. At the conclusion of the introduction of appellant’s testimony in the eventual trial the court granted the motions of both ap-pellees for a directed verdict. The only point presented by the appellant in this appeal from the final judgment based o…1 / 2
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Allen v. Leybourne, 190 So. 2d 825 (Fla. 3d DCA 1966)…390 (1936). . McGregor v. McGregor, 101 F.Supp. 848, 849 (D.Colo.1951). . Casternovia v. Casternovia, 82 N.J.Super. 251, 197 A. 2d 406, 409 (1964). . Hegarty v. Hegarty, 52 F.Supp. 296, (D.Mass.1943). . Slavin v. McCann Plumbing Co., Fla. 1954, 73 So. 2d 902.…
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Anne M. Fouts v. Margules, 98 So. 2d 394 (Fla. 3d DCA 1957)…n abused. This is true even though the trial judge is of the opinion that the proffered amendments would not result in the statement of a cause of action. Rule 1.15, 1954 Rules of Civil Procedure, 30 F.S.A.; Slavin v. McCann Plumbing Co., Fla. 1954, 73 So. 2d 902; Town of Coreytown v. State ex rel. Ervin, Fla.1952, 60 So. 2d 482, 487, and cases therein cited. Of course this rule does not preclude a dismissal with prejudice where the complaint is clearly not amendable. Affirmed in part and reversed in part.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Breeding's Dania Drug Co. v. Elbert Allen Runyon, 147 Fla. 123 (Fla. 1941)
- Alligood v. Blanche Rogers, 73 So. 2d 411 (Fla. 1954)
- Garvie v. The Cloverleaf, Inc., 136 Fla. 899 (Fla. 1939)