Mathias v. Uniroyal, Inc., 89-392
| Decision Date | 10 October 1989 |
| Docket Number | No. 89-392,89-392 |
| Citation | 549 So.2d 1154,14 Fla. L. Weekly 2370 |
| Parties | 14 Fla. L. Weekly 2370 Andre F. MATHIAS, as Personal Representative of the Estate of Leonne Mathias, Appellant, v. UNIROYAL, INC., Appellee. |
| Court | Florida District Court of Appeals |
Grover, Ciment, Weinstein, Stauber & Friedman, Miami Beach, Cooper, Wolfe & Bolotin, and Sharon Wolfe, Miami, for appellant.
Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane and Shelley H. Leinicke, Fort Lauderdale, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.
Following an automobile accident, a passenger in the vehicle brought an action against the manufacturer of the automobile tires. The representative of the deceased driver likewise instituted an action against the manufacturer of the tires. The manufacturer resisted consolidation of the causes. Thereafter the passenger's case was tried and resulted in a verdict for the manufacturer, which was affirmed on appeal. See Laurent v. Uniroyal, Inc., 515 So.2d 1050 (Fla.App. 3d DCA 1987). The defendant then moved for and secured a summary judgment against the action brought on behalf of the deceased driver and the trial court entered a final summary judgment holding that "judgment by estoppel" precluded the estate action on behalf of the driver. We reverse upon the following authority. See Youngblood v. Taylor, 89 So.2d 503, 505 (Fla.1956); Dudley v. Carroll, 467 So.2d 706 (Fla. 5th DCA 1985); Zurich Ins. Co. v. Bartlett, 352 So.2d 921 (Fla. 2d DCA 1977); Martin v. Arrow Cabs, 107 So.2d 394 (Fla. 3d DCA 1958);
The summary judgment under review is hereby reversed and the matter is returned to the trial court for a trial on the merits.
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United Services Auto. Ass'n v. Selz
...action. Compare Dixie Auto, 588 So.2d at 68 and Hochstadt, 588 So.2d at 51 and Verhagen, 552 So.2d at 1162 with Mathias v. Uniroyal, Inc., 549 So.2d 1154 (Fla. 3d DCA 1989). 68; Hochstadt, 588 So.2d at 51; Verhagen, 552 So.2d at Accordingly, identity of parties is irrelevant for the applica......