Doyle v. Pillsbury Co., 83-1199

• Citation: 447 So.2d 1033
• Decision Date: 04 April 1984
• Docket Number: No. 83-1199,83-1199
• Parties: Gerald DOYLE and Marie Doyle, Appellants, v. The PILLSBURY COMPANY, a foreign corporation, Green Giant Company, a foreign corporation, and Publix Super Market, Inc., a Florida corporation, Appellees.
• Court: Florida District Court of Appeals

Page 1033

447 So.2d 1033

Gerald DOYLE and Marie Doyle, Appellants, v. The PILLSBURY COMPANY, a foreign corporation, Green Giant Company, a foreign corporation, and Publix Super Market, Inc., a Florida corporation, Appellees.

No. 83-1199.

District Court of Appeal of Florida,

Fourth District.

April 4, 1984.

Appeal from Circuit Court, Broward County; H. Mark Purdy, Judge.

Robert M. Kahn and Jeffrey D. Mickelson of Kahn & Gutter, Fort Lauderdale, for appellants.

Edmund T. Henry, III, and Dorian S. Denburg of Shutts & Bowen, Miami, for appellees.

PER CURIAM.

We affirm the final summary judgment in favor of appellees Green Giant Company and Publix Super Market, Inc. on the authority of Gilliam v. Stewart, 291 So.2d 593 (Fla.1974). However, since two other districts have considered the question presented as a matter of great public importance, Champion v. Gray, 420 So.2d 348 (Fla. 5th DCA 1982); Cadillac Motor Car Division, General Motors Corp. v. Brown, 428 So.2d 301 (Fla. 3d DCA 1983); Campos v. Demetree, 438 So.2d 1033 (Fla. 5th DCA 1983), we join with them and certify the following question of law to the Florida Supreme Court:

SHOULD FLORIDA ABROGATE THE "IMPACT RULE" AND ALLOW RECOVERY FOR PHYSICAL INJURIES CAUSED BY A DEFENDANT'S NEGLIGENCE IN THE ABSENCE OF PHYSICAL IMPACT UPON THE PLAINTIFF?

Affirmed.

DOWNEY, HERSEY and DELL, JJ., concur.