Diamond v. E. R. Squibb and Sons, Inc., No. 56451
| Court | United States State Supreme Court of Florida |
| Writing for the Court | BOYD; SUNDBERG; McDONALD; ALDERMAN; McDONALD |
| Citation | 397 So.2d 671 |
| Parties | Nina DIAMOND, Adele Diamond, and William Diamond, Petitioners, v. E. R. SQUIBB AND SONS, INC., Respondent. |
| Decision Date | 16 April 1981 |
| Docket Number | No. 56451 |
Page 671
v.
E. R. SQUIBB AND SONS, INC., Respondent.
Mark Krasnow of Law Offices of Lida & Krasnow, Miami, Alan E. Weinstein, Miami Beach, for petitioners.
James C. Blecke and James E. Tribble of Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, for respondent.
BOYD, Justice.
This cause is before the Court on petition for certiorari to review the decision in Diamond v. E. R. Squibb & Sons, Inc., 366 So.2d 1221 (Fla.3d DCA 1979). Jurisdiction is predicated on conflict with Overland Construction Co. v. Sirmons, 369 So.2d 572 (Fla.1979). Art. V, § 3(b)(3), Fla.Const. (1972). We conclude that under the principle laid down in Overland, which was decided after the decision in the case under review, the district court of appeal was in error and its decision must be quashed.
On April 1, 1977, Nina Diamond and her parents brought this action against E. R. Squibb and Sons, Inc., based on negligence and product liability. They alleged that from July 27, 1955, to April 1, 1956, Nina Diamond, while yet unborn, had administered to her a drug known as diethylstilbestrol, produced by the Squibb company under the trademark "stilbetin." They alleged further that in May, 1976, they learned that teenaged girls whose mothers had been treated with stilbetin during pregnancy were developing cancerous or pre-cancerous conditions. The complaint charged that in developing, promoting, and marketing the drug, Squibb knew or should have known that it was not safe.
The defendant Squibb moved for summary judgment on the ground that section 95.031(2), Florida Statutes (1977), was applicable and barred the action. Section 95.031(2) provides:
Page 672
Actions for products liability and fraud under subsection 95.11(3) must be begun within the period prescribed in this chapter, with the period running 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, instead of running from any date prescribed elsewhere in subsection 95.11(3) but in any event within 12 years after the date of delivery of the completed product to its original purchaser or the date of the commission of the alleged fraud, regardless of the date the defect in the product or the fraud was or should have been discovered.
In response to the motion, the plaintiffs argued that section...
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Berry By and Through Berry v. Beech Aircraft Corp., I-
...of repose); Kenyon v. Hammer, 142 Ariz. 69, 688 P.2d 961 (1984) (dictum, medical malpractice); 6 Diamond v. E.R. Squibb & Sons, Fla., 397 So.2d 671 (1981) (products liability); 7 Overland Page 678 Construction Co. v. Sirmons, Fla., 369 So.2d 572 (1979) (engineers, architects and builders st......
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Givens v. Anchor Packing, Inc., No. 90-697
...123 N.H. 512, 464 A.2d 288 (1983); Lankford v. Sullivan, Long & Hagerty, 416 So.2d 996 (Ala.1982); Diamond v. E.R. Squibb and Sons, Inc., 397 So.2d 671 (Fla.1981); Phillips v. ABC Page 780 Builders, Inc., 611 P.2d 821 (Wyo.1980); Overland Const. Co., Inc. v. Sirmons, 369 So.2d 572 (Fla.1979......
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Ecker v. Town of West Hartford, No. 12971
...Saylor v. Hall, supra. It must also be noted that none of these four cases or the fifth case of Diamond v. E.R. Squibb & Sons, Inc., 397 So.2d 671 (Fla.1981), cited by the plaintiff, involved a repose period contained within a wrongful death statute. Thus, we do not find these cases persuas......
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Hayes v. Mercy Hosp. and Medical Center, Nos. 68500
...v. Sullivan, Long & Hagerty (Ala.1982), 416 So.2d 996 (violated open courts provision); Diamond v. E.R. Squibb & Sons (Fla.1981), 397 So.2d 671 (violated open courts provision); Hanson v. Williams County (N.D.1986), 389 N.W.2d 319 (violated equal protection clause); Heath v. Sears, Roebuck ......
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Berry By and Through Berry v. Beech Aircraft Corp., I-
...of repose); Kenyon v. Hammer, 142 Ariz. 69, 688 P.2d 961 (1984) (dictum, medical malpractice); 6 Diamond v. E.R. Squibb & Sons, Fla., 397 So.2d 671 (1981) (products liability); 7 Overland Page 678 Construction Co. v. Sirmons, Fla., 369 So.2d 572 (1979) (engineers, architects and builder......
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Givens v. Anchor Packing, Inc., No. 90-697
...N.H. 512, 464 A.2d 288 (1983); Lankford v. Sullivan, Long & Hagerty, 416 So.2d 996 (Ala.1982); Diamond v. E.R. Squibb and Sons, Inc., 397 So.2d 671 (Fla.1981); Phillips v. ABC Page 780 Builders, Inc., 611 P.2d 821 (Wyo.1980); Overland Const. Co., Inc. v. Sirmons, 369 So.2d 572 (Fla.1979......
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Ecker v. Town of West Hartford, No. 12971
...Saylor v. Hall, supra. It must also be noted that none of these four cases or the fifth case of Diamond v. E.R. Squibb & Sons, Inc., 397 So.2d 671 (Fla.1981), cited by the plaintiff, involved a repose period contained within a wrongful death statute. Thus, we do not find these cases per......
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Hayes v. Mercy Hosp. and Medical Center, Nos. 68500
...v. Sullivan, Long & Hagerty (Ala.1982), 416 So.2d 996 (violated open courts provision); Diamond v. E.R. Squibb & Sons (Fla.1981), 397 So.2d 671 (violated open courts provision); Hanson v. Williams County (N.D.1986), 389 N.W.2d 319 (violated equal protection clause); Heath v. Sears, ......
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Diethylstilbestrol and the Birth of Market-Share Liability
...he Florida Supreme Court later reinstated the cause of action, citing the Florida Constitution. Diamond v. E.R. Squibb & Sons, Inc., 397 So. 2d 671, 672 (Fla. 1981). 29. See Bernstein, supra note 1, at 162–63. Copyright © 2020 Environmental Law Institute®, Washington, DC. Diethylstilbes......