Bauld v. J. A. Jones Const. Co., 51476

CourtUnited States State Supreme Court of Florida
Citation357 So.2d 401
Docket NumberNo. 51476,51476
PartiesPearl BAULD, Appellant, v. J. A. JONES CONSTRUCTION COMPANY et al., Appellees.
Decision Date09 March 1978

Edward A. Perse of Horton, Perse & Ginsberg, Miami, and Lloyd & Henninger, St. Petersburg, for appellant.

Claude H. Tison, Jr. of MacFarlane, Ferguson, Allison & Kelly, Tampa, for appellees.

BOYD, Justice.

In this personal injury action by Pearl Bauld against J. A. Jones Construction Company and numerous other defendants, brought in the Circuit Court for Pinellas County, recovery was sought on the grounds of negligence, breach of warranty, and strict liability. The defendant construction company moved for a summary judgment on the ground that the applicable statute of limitations barred the action. The court granted the motion, entering a final summary judgment of nonliability in defendant's favor. The plaintiff challenged the limitations statute on constitutional grounds, and the trial court held against her. We have jurisdiction of her appeal pursuant to Article V, Section 3(b) (1), Florida Constitution.

Between 1956 and 1961 appellee, a general contractor, performed construction and improvement work at Bayfront Medical Center in St. Petersburg. Part of the work consisted of installation and modification of a pneumatic message conveyor system. Appellee did its last work on the hospital on August 16, 1961. On July 8, 1972, the appellant, then an employee of the hospital, was struck in the face by a pneumatic capsule and injured. At the time of the incident there was in effect a four-year statute of limitations for negligence/products liability actions. Section 95.11(4), Florida Statutes (1971).

In 1974 there was a substantial revision of Chapter 95, Florida Statutes. Chapter 74-382, Laws of Florida. The changes became effective January 1, 1975. As revised, the pertinent provisions are as follows. Section 95.11(3) (a), Florida Statutes (1975), provides that the limitations period for negligence actions is four years. Section 95.031 deals with the computation of time. It states that "(e)xcept as provided . . . in these statutes, the time within which an action shall be begun under any statute of limitations runs from the time the cause of action accrues." Subsection (1) of Section 95.031 provides, in pertinent part, that "(a) cause of action accrues when the last element constituting the cause of action occurs." Subsection (2) provides that in actions for products liability, the period runs "from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence," but that in any event the action must be begun "within 12 years after the date of delivery of the completed product to its original purchaser . . . regardless of the date the defect in the product was or should have been discovered."

Section 95.11(3)(c) provides that an action founded on the design, planning, or construction of an improvement to real property must be brought within four years of "the date of actual possession by the owner, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his employer." Provided, however, that if the action involves a latent defect, the time runs from the date the defect is discovered or should have been discovered. But in any event the action must be begun within twelve years from the date of possession by the owner or the termination or completion of the contract.

Section 95.022 provides that the revisions became effective January 1, 1975, but that any action that would be barred under the new act that would not have been barred under prior law may be brought before January 1, 1976, and if not brought by then, is barred.

Appellant calls our attention to the two interrelated twelve-year provisos contained in the revised statute, and characterizes them as being statutes of repose rather than statutes of limitation. We recognize the fundamental difference in character of these provisions from the traditional concept of a statute of limitations. Rather than establishing a time limit within which action must be brought, measured from the time of accrual of the cause of action, these provisions cut off the right of action...

To continue reading

Request your trial
58 cases
  • Bogorff By and Through Bogorff v. Koch
    • United States
    • Florida District Court of Appeals
    • April 18, 1989
    ...Diamond v. E.R. Squibb & Sons, Inc., 397 So.2d 671 (Fla.1981); Purk v. Federal Press Co., 387 So.2d 354 (Fla.1980); Bauld v. J.A. Jones Constr. Co., 357 So.2d 401 (Fla.1978). The statute of limitations in a products liability action begins to run only when both the "moment of trauma" and th......
  • Doe v. Shands Teaching Hosp. and Clinics, Inc.
    • United States
    • Florida District Court of Appeals
    • February 19, 1993
    ...within which an action must be brought, which begins to run at the time an injury occurs or is discovered. Bauld v. J.A. Jones Constr. Co., 357 So.2d 401, 402 (Fla.1978).3 Section 95.11(3)(c), Florida Statutes (1975), effective January 1, 1975.4 Ky.Rev.Stat. 413.140(2).5 The Fourth District......
  • Trudel v. SunTrust Bank, Civil Action No. 15–1966 (JEB)
    • United States
    • U.S. District Court — District of Columbia
    • December 12, 2016
    ...action has accrued , statutes of repose "do so regardless of the time of the accrual of the cause of action." Bauld v. J. A. Jones Constr. Co. , 357 So.2d 401, 402 (Fla. 1978). A repose period instead commences from the date a specified act has occurred and places a strict "outer limit beyo......
  • Rockstroh v. AH Robins Co., Inc.
    • United States
    • U.S. District Court — District of Maryland
    • February 20, 1985
    ...disputes this contention and argues that Maryland law should also govern the limitations issue in Manipole. In Bauld v. J.A. Jones Construction Co., 357 So.2d 401, 402 (Fla.1978), the Supreme Court of Florida described the applicable Florida statutes as "Section 95.11(3)(a), Florida Statute......
  • Request a trial to view additional results
1 books & journal articles
  • Medical Malpractice as Workers' Comp: Overcoming State Constitutional Barriers to Tort Reform
    • United States
    • Emory University School of Law Emory Law Journal No. 67-5, 2018
    • Invalid date
    ...question of whether the right in question is abolished outright, or merely curtailed. See, e.g., Bauld v. J.A. Jones Constr. Co., 357 So. 2d 401, 402-03 (Fla. 1978) (upholding a statute whose effect in that case was merely to reduce the period within which a suit could be filed from four ye......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT