SADIE R. WILLIAMS, APPELLANT,
v.
SURF PROPERTIES, INC., T/B/D BELMAR HOTEL, APPELLEE
SADIE R. WILLIAMS, APPELLANT,
SURF PROPERTIES, INC., T/B/D BELMAR HOTEL, APPELLEE
88 So. 2d 299
Florida Supreme Court (1956)
Negative Treatment
Cited by 124 cases
Opinion of the Court
PER CURIAM.
Upon careful consideration of the record we cannot agree that there was no genuine issue of fact to be determined by a jury, so the summary judgment is reversed with directions to proceed accordingly.
Reversed.
DREW, C. J., THOMAS and ROBERTS, JJ., and CARROLL, Associate Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (59 total)
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West v. Caterpillar Tractor Co., Inc., 336 So. 2d 80 (Fla. 1976)…he elimination of privity when the product involved was dangerous or an inherently dangerous 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…1 / 2
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Pullum v. Cincinnati, Inc., 476 So. 2d 657 (Fla. 1985)…e to liability for manufacturing of a product. Justice McDonald, in maintaining the constitutional validity of section 95.031(2) in his dissenting opinion in Bat til-la, correctly reasoned as follows: Until the decision of Matthews v. Lawnlite Co., 88 So. 2d 299 (Fla.1956), Florida recognized the early common law rule which inhibited recovery where ' there was no privity of contract. Since then the law of products liability has evolved to the point that we now recog [*660] nize liability of a manufacturer w…
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A. R. Moyer, Inc. v. Graham, 285 So. 2d 397 (Fla. 1973)…ing personal injury are seen as “products liability” and, therefore, distinguishable cases. The contractor maintains a viable cause of action exists, notwithstanding a lack of privity, by virtue of the following decisions: Matthews v. Lawnlite Co., 88 So. 2d 299 (Fla.1956); Mai Kai, Inc. v. Colucci, 205 So. 2d 291 (Fla.1967); Audlane Lbr. & Bldrs. Sup. v. D. E. Britt, supra; moreover it is contended that Sickler and Investment Corporation, supra, are inapplicable here because neither involved the element of…1 / 2
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