Perry v. Luby Chevrolet, Inc., 83-2378
Decision Date | 13 March 1984 |
Docket Number | No. 83-2378,83-2378 |
Parties | Alberta Bass PERRY, Appellant, v. LUBY CHEVROLET, INC., Appellee. |
Court | Florida District Court of Appeals |
Pelzner, Schwedock, Finkelstein & Klausner and Lori Barrist, Miami, for appellant.
Corlett, Killian, Hardeman, McIntosh & Levi and Leanne J. Frank, Miami, for appellee.
Before SCHWARTZ, C.J., and BASKIN and FERGUSON.
We reverse the Final Summary Judgment entered in favor of the automobile retailer in an action predicated upon breach of warranty, negligence, and strict liability. Appellant was allegedly injured when the steering mechanism of her car locked and the car veered off the road into a bridge embankment. Appellant had purchased the automobile from Luby Chevrolet. Although Luby was responsible for repairs and service, it had not performed any of these services prior to the mishap.
We are aware of no legal impediment to the establishment of appellant's claims under theories of strict liability or breach of warranty should the evidence presented to the trier of fact support such recovery. Uniform Commercial Code, § 672.314, Fla.Stat. (1981); Restatement (Second) of Torts § 402 A. (1965). Whether there was a defect in the automobile presents a genuine issue of material fact precluding summary judgment. Holl v. Talcott, 191 So.2d 40 (Fla.1966).
We agree, however, that summary judgment on the issue of negligence was proper.
Reversed in part; affirmed in part; remanded with directions.
To continue reading
Request your trial-
R.A. Jones & Sons, Inc. v. Holman
...defined in succeeding portions of the section. 6 See Smith v. Burdines, Inc., 144 Fla. 500, 198 So. 223 (1940); Perry v. Luby Chevrolet, Inc., 446 So.2d 1150 (Fla. 3d DCA 1984). Clearly, H & M, as the seller of the engines to Jones and the distributor of Ford industrial engines, is both a "......
-
Faddish v. Pumps
...rev. dismissed,411 So.2d 380 (Fla.19891); Visnoski v. J.C. Penney Co., 477 So.2d 29 (Fla. 2d DCA 1985); Perry v. Luby Chevrolet, Inc., 446 So.2d 1150 (Fla. 3d DCA 1984). The rationale for targeting all entities in the chain of distribution is that “[t]hey are an integral part of the overall......
-
Faddish v. Pumps
...4th DCA), rev dismissed, 411 So.2d 380 (Fla. 19891); Visnoski v J.C. Penney Co., 477 So.2d 29 (Fla. 2d DCA1985); Perry v Luby Chevrolet, Inc., 446 So.2d 1150 (Fla. 3d DCA 1984). The rationale for targeting all entities in the chain of distribution is that "[t]hey are an integral part of the......
-
North Miami General Hosp., Inc. v. Goldberg
...Co., 336 So.2d at 80, distributor, Visnoski v. J.C. Penney Co., 477 So.2d 29 (Fla. 2d DCA 1985), retailer, Perry v. Luby Chevrolet, Inc., 446 So.2d 1150 (Fla. 3d DCA 1984), commercial bailor, Gabbard v. Stephenson's Orchard Inc., 565 S.W.2d 753 (Mo.Ct.App.1978), and lessor, Futch v. Ryder T......