Mahl v. Dade Pipe and Plumbing Supply Co., Inc., 88-1231
| Decision Date | 13 June 1989 |
| Docket Number | No. 88-1231,88-1231 |
| Citation | 546 So.2d 740,14 Fla. L. Weekly 1433 |
| Parties | 14 Fla. L. Weekly 1433 James MAHL, Appellant, v. DADE PIPE AND PLUMBING SUPPLY CO., INC., and Progress Lighting Company, Appellees. |
| Court | Florida District Court of Appeals |
Robert C. Eber, Miami, for appellant.
Vernis & Bowling and Calvin L. Fox, Merritt & Sikes and William C. Merritt, Miami, for appellees.
Before NESBITT, BASKIN and GERSTEN, JJ.
This is an appeal from two final orders granting summary judgment for appellees Progress Lighting Company (Progress Lighting) and Dade Pipe and Plumbing Supply Co., Inc. (Dade Pipe).
James Mahl, the appellant, brought suit for personal injury damages claiming he was injured when a glass globe shattered which he was removing from a light fixture. Mahl alleged in his complaint that the globe had been manufactured by Progress Lighting and distributed or sold by Dade Pipe. Progress Lighting moved for summary judgment on the ground that Mahl could not identify Progress Lighting as having produced the globe involved in the accident. Dade Pipe moved for summary judgment on the ground that Mahl could not identify Dade Pipe as having supplied the globe in question. The trial court granted Progress Lighting's motion for summary judgment but denied Dade Pipe's motion for summary judgment. Dade Pipe later renewed its motion for summary judgment, which the trial court subsequently granted.
Mahl contends the trial court erred in entering the summary judgments in favor of Progress Lighting and Dade Pipe because the record reflects the existence of a genuine issue of material fact as to Progress Lighting having produced the globe involved in the accident and Dade Pipe having supplied the globe. We do not agree. Mahl apparently relied on faith and hope alone, and, has not presented any evidence that Progress Lighting produced the globe or that Dade Pipe supplied it. See Vecta Contract, Inc. v. Lynch, 444 So.2d 1093 (Fla. 4th DCA), review denied, 453 So.2d 44 (Fla.1984). It is axiomatic that summary judgment may be entered whenever the pleadings, affidavits, depositions or other factual showings reveal there exists no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. Johnson v. Gulf Life Insurance Company, 429 So.2d 744 (Fla. 3d DCA 1983). The orders of summary judgment appealed here are therefore affirmed.
To continue reading
Request your trial
-
Liggett Group, Inc. v. Engle
...product which allegedly caused the plaintiff's injury was manufactured or sold by the defendant. See Mahl v. Dade Pipe and Plumbing Supply Co., Inc., 546 So.2d 740 (Fla. 3d DCA 1989). Here, it is undisputed that the Liggett defendants did not manufacture or sell any of the products that all......
-
Devore v. Howmedica Osteonics Corp.
...for product that injured plaintiff, and thus was not part of the product's distributive chain); Mahl v. Dade Pipe and Plumbing Supply Co., Inc., 546 So.2d 740, 741 (Fla. 3d DCA 1989) (granting summary judgment in a products liability action where plaintiff "relied on faith and hope alone" a......
-
Hall v. Sunjoy Indus. Group Inc.
...not design, manufacture, or distribute the chair. This point is well-established under Florida law. Mahl v. Dade Pipe & Plumbing Supply Co., Inc., 546 So.2d 740, 741 (Fla. 3d DCA 1989) (defendant could not be held liable where plaintiff could not prove that defendant's products caused his i......
-
Seneca Ins. Co. v. Kumho Tire U.S.A., Inc.
...it was undisputed that defendant did not "design, manufacture, or distribute" the product at issue); Mahl v. Dade Pipe & Plumbing Supply Co., 546 So. 2d 740, 741 (Fla. 3d DCA 1989) (affirming summary judgment in defendant's favor where plaintiff "relied on faith and hope alone" and did not ......
-
Warranty cases
...be held liable where Plaintiff cannot prove that Defendant’s products caused his injuries. Mahl v. Dade Pipe and Plumbing Supply Co. , 546 So.2d 740 (Fla. 3d DCA 1989). 6. Puffing: Salesmen’s talk comprised of affirmation of value of goods or opinion or commendation of goods is “puffing” an......