ANNETTE MATHIS, APPELLANT,
v.
NATIONAL LABORATORIES ET AL., APPELLEES; INTERNATIONAL PLAYTEX CORP., APPELLANT, V. ANNETTE MATHIS ET AL., APPELLEES

Fla. 3d DCA | 1978-01-17
Nos. 76-1368, 76-1641, 76-1394
Before HENDRY, NATHAN and HUB-BART, JJ.
355 So. 2d 117 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 12 cases

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Holding

Summary final judgment was erroneously entered because genuine issues of material fact remained regarding the adequacy of the product's warning label and instructions.


Headnotes

[1] Summary judgment is improper when genuine issues of material fact remain unresolved.

[2] The adequacy of a product's warning label and instructions for use are questions of fact for the jury, not issues to be decided by summary judgment.

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Facts & Procedural History

Plaintiff, a maid, suffered skin discoloration after using a concentrated disinfectant without diluting it, while wearing gloves. She sued the manufac…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

These consolidated appeals are taken from a summary final judgment rendered in favor of appellee, co-defendant below, National Laboratories and Lehn & Fink Industrial Products Division of Sterling Drug, Inc. (hereinafter referred to as National Laboratories) and against appellant, plaintiff below, Annette Mathis, on a complaint which alleged, inter alia, the negligent labeling of a commercial disinfectant detergent manufactured and produced by National Laboratories. Appellant, co-defendant below, International Playtex Corporation (hereinafter referred to as Play tex), likewise appeals from that same summary final judgment.1

Stated as succinctly as possible, the salient facts are as follows: Ms. Mathis, a thirty-six year old black woman of limited education, was employed as a maid by Miami Central Senior High School. Her job primarily consisted of cleaning the school’s lavatories and locker room area. During the course of her employment, the school furnished Ms. Mathis with a liquid cleaning product, manufactured by National Laboratories called O-SYL. While wearing new rubber gloves manufactured by Playtex, Mathis applied O-SYL to a cleaning cloth without first diluting the product. A short time later, appellant’s hands began to burn and itch. Subsequently, her hands turned white, a condition medically diagnosed as hypopigmentation.

Mathis filed suit against National Laboratories alleging, inter alia, that the manufacturer’s label on the outside of the container of the O-SYL was inadequate to warn her that the product was highly concentrated, containing carbolic acid, and required dilution with water. Mathis also joined in the lawsuit Playtex, alleging that it had negligently manufactured and tested its rubber gloves, resulting in the gloves being placed on the market for use by the general public in an unfit and unsafe condition.

After the complaint was answered by both defendants, cross-claim filed by Playtex against National Laboratories for indemnity and/or contribution, and extensive discovery taken, National Laboratories moved for summary judgment, relying, in great part, on this court’s opinion in Wickham v. Baltimore Copper Paint Company, 327 So. 2d 826 (Fla. 3d DCA 1976). Summary final judgment was entered by the trial court in favor of National Laboratories and against Mathis. From that judgment, both Mathis and Playtex have appealed.

After carefully reviewing the record, briefs and arguments of counsel, it is our opinion that summary final judgment was erroneously entered, as there were genuine issues of material fact left unresolved by the trial court. Holl v. Talcott, 191 So. 2d 40 (Fla.1966). Among the various issues still to be determined is the adequacy of the manufacturer’s label on the container of O-SYL in warning a user of the potential damages associated with the product’s use. Another issue that must be dealt with is whether or not the label adequately instructed users of the product to dilute the concentration according to the particular strength desired. The above issues dealing with the adequacy of a warning and instruction on a product’s label are questions of fact, not law, and are properly vested with the trier of fact, in this case, the jury, and thus, determination of said issues by way of summary judgment is not proper. Tampa Drug Company v. Wait, 103 So. 2d 603 (Fla.1958); Edwards v. California Chemical Company, 245 So. 2d 259 (Fla. 4th DCA 1971), cert. den. 247 So. 2d 440 (Fla.).

The-trial court’s reliance upon our decision in Wickham v. Baltimore Copper Paint Company, supra, is misplaced, as there, “the issue of the adequacy of the warning on the label was not a material issue” in that both the injured party and his employer read and understood the warning label on the product and actually took precautions against the known danger involved with the product’s use. Unlike the facts sub judice, the alleged inadequacy of the label in Wickham was not the proximate cause of the damages sustained by the injured employee.

Accordingly, the final summary judgment is hereby reversed and remanded for further proceedings.

Reversed and remanded.

. A question not raised by the parties, but not overlooked by us, concerns Playtex’s standing to appeal the judgment rendered in favor of its co-defendant. In that a viable appeal was filed from that judgment by Mathis, pursuant to Fla.App. Rule 3.11, we shall elect to treat the Playtex appeal as a “joinder in appeal.” Cf. North Shore Hospital v. Martin, 344 So. 2d 256 (Fla. 3d DCA 1977).


Cases With Similar Vibessemantic neighbors from the corpus


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  • Marks v. Delcastillo, 386 So. 2d 1259 (Fla. 3d DCA 1980)
    …s’ duty to give warning of the great and specific danger of explosives lurking in the interior of the tract. St. Joseph Lead Co. v. Prather, supra; 10 see generally, Tampa Drug Co. v. Wait, 103 So. 2d 603 (Fla.1958); Mathis v. National Laboratories, 355 So. 2d 117 (Fla.3d DCA 1978); Brevard County v. Jacks, 238 So. 2d 156 (Fla. 4th DCA 1970). (b) The key question, then, was whether sufficient warnings in the form of signs at or near the trailer itself giving specific notice of the danger of dynamite were in…
  • High v. Westinghouse Elec. Corp., 610 So. 2d 1259 (Fla. 1992)
    …il storage and handling systems for possible presence of PCBs.” . Tampa Drug Co. v. Wait, 103 So. 2d 603 (Fla.1958); Advance Chem. Co. v. Harter, 478 So. 2d 444 (Fla. 1st DCA 1985), review denied, 488 So. 2d 829 (Fla.1986); Mathis v. National Lab., 355 So. 2d 117 (Fla. 3d DCA 1978).…
  • Robertson v. Deak Perera (Miami), Inc., 396 So. 2d 749 (Fla. 3d DCA 1981)
    …ause harm to a substantial group of its users (“Jamaican money will cause harm to those who take it to Jamaica.”) and to give appropriate directions as to its proper use (“Don’t take Jamaican money to Jamaica.”). See Mathis v. National Laboratories, 355 So. 2d 117 (Fla. 3d DCA 1978), and cases cited; 28 Fla.Jur. Sales § 161 (1968). The formulation of this doctrine in 2 Harper & James, Law of Torts § 28.7 (2d ed. 1956) seems to cover this case precisely: [0]ne of the most common requirements of care is the gi…

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