Creviston v. General Motors Corp., No. 67--368

CourtFlorida District Court of Appeals
Writing for the CourtALLEN; LILES, C.J., and PIERCE
Citation210 So.2d 755
PartiesRuth H. CREVISTON, Appellant, v. GENERAL MOTORS CORPORATION and J. W. Whitesides, Appellees.
Docket NumberNo. 67--368
Decision Date31 May 1968

Page 755

210 So.2d 755
Ruth H. CREVISTON, Appellant,
v.
GENERAL MOTORS CORPORATION and J. W. Whitesides, Appellees.
No. 67--368.
District Court of Appeal of Florida, Second District.
May 31, 1968.

David S. Yost of Cramer, Robinson, Ginsburg & Ross, Sarasota, for appellant.

Henry P. Trawick, Jr., of Millican & Trawick, Sarasota, for appellee General Motors Corporation.

G. Hunter Gibbons of Dart, Bell & Dickinson, Sarasota, for appellee, J. W. Whitesides.

ALLEN, Judge.

Appellant timely files this appeal from an order of the trial court dismissing her complaint against the appellee, General Motors Corporation and J. W. Whitesides.

In February, 1962, appellant purchased from J. W. Whitesides a new Frigidaire refrigerator which was manufactured by General Motors Corporation. On December 2, 1966, the upper hinge of the refrigerator door came apart while appellant was opening the refrigerator. As a result of the refrigerator door falling off, the appellant was injured. On April 5, 1967, appellant filed a four count complaint based on the facts as recited above.

Three counts of the complaint were voluntarily dismissed by the appellant. Count One of the complaint was based on a breach of an implied warranty. Count One was dismissed by the trial judge on a motion made by the appellees. The ground set forth in the motion for dismissal by the appellees was that on the face of the complaint the action was barred by the statute of limitations.

Appellant urges on this appeal the sole question as stated:

'Whether a cause of action for personal injuries accrued when a refrigerator was purchased or whether it accrued when a latent defect in the refrigerator inflicted personal injuries on the purchaser.'

The basis for the implied warranty count was that the refrigerator manufacturer guaranteed that the refrigerator was suitable and reasonably fit for the use intended. The lower court entered its order on July 28, 1967, dismissing Count

Page 756

One of the complaint. In its final judgment entered on the same date, the trial court stated:

'This action was considered after the court's dismissal of Count One of the complaint because it is barred by the Statute of Limitations and it appears that all other counts of the complaint have been voluntarily dismissed by the plaintiff.'

The complaint had been filed more than five years from the date of the purchase and installation of the refrigerator.

We conclude that the trial court should be affirmed. We are unable to find any Florida cases touching directly on the limitations of actions based on warranties although certain other personal injury cases are persuasive.

In Cristiani v. City of Sarasota, Fla.1953, 65 So.2d 878, an action was filed against the City of Sarasota for injuries to a minor as a result of the negligence of a city employee in the operation of a truck. The Supreme Court held that the action was barred by a statute declaring that no action should be brought against the city or village for any negligent or wrongful injury or damage to a person or property unless brought within twelve months from the time of injury or damage. The action was barred when not brought within twelve months from the time of the...

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  • Mims Crane Service, Inc. v. Insley Mfg. Corp., No. 68--627
    • United States
    • Court of Appeal of Florida (US)
    • October 3, 1969
    ...in writing, and therefore the claim is barred by the statute of limitations, relying on Creviston v. General Motors Corp., Fla.App.1968, 210 So.2d 755. It will be noted in passing that the judgment of this 2nd District Court in that case was quashed on July 2, 1969, the Supreme Court holdin......
  • Barfield v. U.S. Rubber Co., No. 70--66
    • United States
    • Court of Appeal of Florida (US)
    • April 1, 1970
    ...Schenkel v. Atlantic National Bank, Fla.App.1962, 141 So.2d 327. However, this court, in Creviston v. General Motors Corp., Fla.App.1968, 210 So.2d 755, 757, indicated that the three year statute of limitations of Section 95.11(5)(e) was applicable to actions Page 376 on implied warranty, s......
  • Braniff Airways, Inc. v. Curtiss-Wright Corporation, No. 423-426
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 16, 1970
    ...427, 301 N.Y.S.2d 23, 248 N.E.2d 871 (1969). At the time of our decision on this appeal, relying on Creviston v. General Motors Corp., 210 So.2d 755 (Fla.Dist.Ct.App.1968), we 424 F.2d 429 were of the view that Florida, like New York, applied its statute of limitations, which is three years......
  • Smith v. Continental Ins. Co., No. 75--329
    • United States
    • Court of Appeal of Florida (US)
    • January 30, 1976
    ...In Barfield this court expressly receded from any suggestion in its prior opinion in Creviston v. General Motors Corp., Fla.App.2d 1968, 210 So.2d 755, rev'd. on other grounds, 225 So.2d 331, that a suit based on implied warranty by an ultimate consumer against a manufacturer is based on co......
  • Request a trial to view additional results
10 cases
  • Mims Crane Service, Inc. v. Insley Mfg. Corp., No. 68--627
    • United States
    • Court of Appeal of Florida (US)
    • October 3, 1969
    ...in writing, and therefore the claim is barred by the statute of limitations, relying on Creviston v. General Motors Corp., Fla.App.1968, 210 So.2d 755. It will be noted in passing that the judgment of this 2nd District Court in that case was quashed on July 2, 1969, the Supreme Court holdin......
  • Barfield v. U.S. Rubber Co., No. 70--66
    • United States
    • Court of Appeal of Florida (US)
    • April 1, 1970
    ...Schenkel v. Atlantic National Bank, Fla.App.1962, 141 So.2d 327. However, this court, in Creviston v. General Motors Corp., Fla.App.1968, 210 So.2d 755, 757, indicated that the three year statute of limitations of Section 95.11(5)(e) was applicable to actions Page 376 on implied warranty, s......
  • Braniff Airways, Inc. v. Curtiss-Wright Corporation, No. 423-426
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 16, 1970
    ...427, 301 N.Y.S.2d 23, 248 N.E.2d 871 (1969). At the time of our decision on this appeal, relying on Creviston v. General Motors Corp., 210 So.2d 755 (Fla.Dist.Ct.App.1968), we 424 F.2d 429 were of the view that Florida, like New York, applied its statute of limitations, which is three years......
  • Smith v. Continental Ins. Co., No. 75--329
    • United States
    • Court of Appeal of Florida (US)
    • January 30, 1976
    ...In Barfield this court expressly receded from any suggestion in its prior opinion in Creviston v. General Motors Corp., Fla.App.2d 1968, 210 So.2d 755, rev'd. on other grounds, 225 So.2d 331, that a suit based on implied warranty by an ultimate consumer against a manufacturer is based on co......
  • Request a trial to view additional results

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