Luciani v. High
| Decision Date | 29 June 1979 |
| Docket Number | No. 78-560,78-560 |
| Parties | John LUCIANI and Virginia Luciani, his wife, Appellants, v. Richard T. HIGH, James A. Winchester, Karl Riddle and Reliance Homes, Inc., a Florida Corporation, Individually and severally, Appellees. |
| Court | Florida District Court of Appeals |
Gary I. Zwickel, of Renick, Zwickel & Gross, Lake Worth, for appellants.
Donald L. Brooks, of L. M. Taylor, Lawyers, North Palm Beach, for appellee Riddle.
This is an appeal from a final judgment entered subsequent to an order granting a judgment on the pleadings in favor of the defendant-appellee-Riddle.
Appellants sued appellees in a five count amended complaint for damages arising out of the construction of their single family residence. Counts IV and V were directed solely against appellee Riddle. Said counts charged that Riddle, a duly registered and licensed engineer, was employed by one or all of the appellees to perform the necessary testing and examination of the land upon which the residence was to be built; that Riddle negligently performed the tests resulting in damage to appellants' property. Appellee Riddle answered said amended complaint, and after the cause was at issue Riddle moved for a judgment on the pleadings. The grounds of said motion were that the appellants had not contracted with Riddle and that privity of contract was necessary to support the appellants' claim against Riddle. Said motion for judgment on the pleadings was granted and ultimately a final judgment was entered thereon.
It seems to us the theory alleged in the complaint against Riddle is one for economic loss proximately caused by the negligent performance of a contractual duty. Riddle is charged with negligently performing the tests on the land upon which the residence was to be built. The mere fact that Riddle was employed by the contractor rather than the owner to perform the necessary testing does not absolve him from liability to the owner for negligent testing resulting in damage to the owner. Riddle is liable not only to one in privity with him but also to those third persons who might foreseeably be injured as a result of his negligence. Audlane Lumber & Builders Supply, Inc. v. D. E. Britt Associates, Inc., 168 So.2d 333 (Fla. 2d DCA 1964); A. R. Moyer, Inc. v. Graham, 285 So.2d 397 (Fla.1973). Thus, it was error to grant the motion for judgment on the pleadings.
During the earlier stages of the pleadings appellee Riddle filed a ...
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...construction and subsequent repairs to the roof of building, and against the contractor for negligent construction. In Luciani v. High, 372 So.2d 530 (Fla. 4th DCA 1979), the defendant was an engineer retained by the contractor to do soil tests on the property prior to construction, and it ......
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Maryland Maintenance Service, Inc. v. Palmieri
...in performance of a contractual promise. Navajo Circle, Inc. v. Development Concepts Corporation, 373 So.2d at 691-692; Luciani v. High, 372 So.2d 530 (Fla. 4th DCA 1979); Gallichio v. Corporate Group Service, Inc., 227 So.2d 519 (Fla. 3d DCA 1969); see Gelman v. Miami Elevator Company, 242......
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Cedars of Lebanon Hosp. Corp. v. European X-Ray Distributors of America, Inc.
...377 So.2d 976 (Fla. 4th DCA 1979); Navajo Circle, Inc. v. Development Concepts Corp., 373 So.2d 689 (Fla. 2d DCA 1979); Luciani v. High, 372 So.2d 530 (Fla. 4th DCA 1979); Probert, Negligence & Economic Damage: The California-Florida Nexus, 33 U.Fla.L.R. 485 (1981). These cases involve only......
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Moransais v. Heathman
...and, accordingly, has been held liable as such for failure to exercise due care in rendering professional services. See Luciani v. High, 372 So.2d 530 (Fla. 4th DCA 1979) (involving suit against engineer based on negligently performed tests resulting in economic loss to plaintiff's property......
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Chipping away at the economic loss rule.
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