Slavin v. McCann Plumbing Co.
| Decision Date | 09 July 1954 |
| Citation | 73 So.2d 902 |
| Parties | SLAVIN v. McCANN PLUMBING CO. |
| Court | Florida Supreme Court |
Nichols, Gaither, Green, Frates & Beckham, Miami, for appellant.
Rollo E. Karkett, Miami, for appellee.
Alleging that he was seriously injured when a guest at the Carousel Apartment Motel in Miami, appellant brought this action to secure damages for permanent injuries against Gaines Construction Co., the operators of the motel, and McCann Plumbing Co. who installed the wash basin therein which caused the injury. The trial court granted motion to dismiss as to McCann Plumbing Company and the plaintiff appealed.
The point for determination is whether or not the trial court committed error in dismissing the complaint with prejudice as to McCann Plumbing Co.
The argument of counsel is directed pro and con to the well-settled rule that contractors, vendors and manufacturers are not liable for injuries to third parties occurring after the contractor has completed the work and turned the project over to the owner or employer and it has been accepted by him. Appellant was a 'third party' and McCann Plumbing Co. was a 'contractor' as contemplated by this rule. It is well known from the decisions that there are about as many exceptions to this rule as there are factual situations to which it is applied. In Breeding's Dania Drug Co. v. Runyan, 147 Fla. 123, 2 So.2d 376, and in Carter v. Livesay Window Co., Fla., 73 So.2d 411, this Court recognized exceptions to it. There are other cases in this and other jurisdictions of similar import. We think the complaint is vulnerable to the test for simple negligence as well as to the dangerous instrumentality doctrine contemplated by Breeding's Dania Drug Co. v. Runyan or Carter v. Livesay Window Company. We think, however, that leave should have been given to amend the complaint. Garvie v. Cloverleaf, Inc., 136 Fla. 899, 187 So. 360; Rule 1.15(e), 1954 Rules of Civil Procedure.
The judgment appealed from is accordingly affirmed but with instructions to permit amendment of the complaint if so desired.
Affirmed.
To continue reading
Request your trial
-
Petterson v. Concrete Const., Inc., of Lake Worth
...trial judge is of the opinion that the proffered amendments will not result in the statement of a cause of action. Slavin v. McCann Plumbing Co., Fla.1954, 73 So.2d 902; Town of Coreytown v. State ex rel. Ervin, Fla.1952, 60 So.2d 482, 487, and cases therein Accordingly, the order appealed ......
-
Baader v. Looby, s. 60-243
...person. Florida courts have recognized this general rule. See: Carter v. Livesay Window Co., Fla.1954, 73 So.2d 411; Slavin v. McCann Plumbing Co., Fla.1954, 73 So.2d 902; Bowman v. S. S. Jacobs Company, Fla.1957, 93 So.2d 574; Slavin v. Kay, Fla.1958, 108 So.2d 462; Leveridge v. Lapidus, F......
-
Wells Fargo Armored Services Corp. v. Sunshine Sec. and Detective Agency, Inc.
...1989), based on express and direct conflict with Brumby v. City of Clearwater, 108 Fla. 633, 149 So. 203 (1933), and Slavin v. McCann Plumbing Co., 73 So.2d 902 (Fla.1954). We have jurisdiction. Art. V, § 3(b)(3), Fla. On December 13, 1983, employees of Wells Fargo Armored Services Corporat......
-
Slavin v. Kay
...the action was reviewed here. This court affirmed the judgment but permitted the appellant to amend, and this was done. Slavin v. McCann Plumbing Co., Fla., 73 So.2d 902. At the conclusion of the introduction of appellant's testimony in the eventual trial the court granted the motions of bo......