Melendez v. Dreis & Krump Mfg. Co.
Decision Date | 17 February 1987 |
Docket Number | No. 86-249,86-249 |
Parties | 12 Fla. L. Weekly 554 Jose Luis MELENDEZ, Appellant, v. DREIS & KRUMP MANUFACTURING COMPANY, Appellee. |
Court | Florida District Court of Appeals |
An Appeal from the Circuit Court for Dade County; Fredricka G. Smith, judge.
Ress, Gomez, Rosenberg, Howland and Mintz and Keith A. Truppman, North Miami, for appellant.
Magill & Lewis and R. Fred Lewis, Miami, for appellee.
Before HUBBART, NESBITT and JORGENSON, JJ.
Affirmed on the authority of Shaw v. General Motors Corp., 503 So.2d 362 (Fla. 3d DCA 1987). As in Shaw, we certify to the Supreme Court of Florida the following questions as being of great public importance:
I. Should the legislative amendment of Section 95.031(2), Florida Statutes (1983), abolishing the statute of repose in product liability actions, be construed to operate retrospectively as to a cause of action which accrued before the effective date of the amendment?
II. If not, should the decision of Pullman v. Cincinnati, Inc., 476 So.2d 657 (Fla.1985), appeal dismissed, 475 U.S. 1114, 106 S.Ct. 1626, 90 L.Ed.2d 174 (1986), which overruled Battilla v. Allis Chalmers Mfg. Co., 392 So.2d 874 (Fla.1980), apply so as to bar a cause of action that accrued after the Battilla decision but before the Pullum decision?
Affirmed.
To continue reading
Request your trial-
National Ins. Underwriters v. Cessna Aircraft Corp.
...4th DCA 1987); Wallis v. Grumman Corp., 503 So.2d 366 (Fla. 3d DCA), approved, 515 So.2d 1276 (Fla.1987); Melendez v. Dreis and Krump Manufacturing Company, 503 So.2d 365 (Fla. 3d DCA), affirmed, 515 So.2d 735 (Fla.1987); Dominguez v. Bucyrus-Erie Company, Inc., 503 So.2d 364 (Fla. 3d DCA 1......
-
Smith v. Sturm, Ruger, Smith & Co., Inc.
...was sandwiched between Battilla and Pullum, so that substantial justice and right shall prevail as contemplated by the constitution. 4 503 So.2d at 365. We certify to the Florida Supreme Court as being of great public importance the same question I. quoted above from Shaw and Pait. That que......
-
Melendez v. Dreis and Krump Mfg. Co.
...for petitioner. R. Fred Lewis of Magill & Lewis, P.A., Miami, for respondent. GRIMES, Justice. We review Melendez v. Dreis & Krump Manufacturing Co., 503 So.2d 365 (Fla. 3d DCA 1987), pursuant to article V, section 3(b)(4), Florida Constitution. In affirming a summary judgment for the respo......
-
Sampson v. Caterpillar Tractor Co.
...1256 (Fla. 3d DCA April 14, 1987); Wallis v. Grumman Corporation, 503 So.2d 366 (Fla. 3d DCA 1987); Melendez v. Dreis & Krump Manufacturing Company, 503 So.2d 365 (Fla. 3d DCA 1987); Dominguez v. Bucyrus-Erie Company, 503 So.2d 364 (Fla 3d DCA 1987); Lane v. Koehring Company, 503 So.2d 364 ......