Torres v. Alva Allen Industries, Inc.

• Citation: 592 So.2d 1105
• Decision Date: 11 June 1991
• Docket Number: No. 90-1716,90-1716
• Parties: Miguel TORRES, Appellant, v. ALVA ALLEN INDUSTRIES, INC., Appellee. 592 So.2d 1105, 16 Fla. L. Week. D1554
• Court: Court of Appeal of Florida (US)

Page 1105

592 So.2d 1105

Miguel TORRES, Appellant, v. ALVA ALLEN INDUSTRIES, INC., Appellee.

No. 90-1716.

592 So.2d 1105, 16 Fla. L. Week. D1554

District Court of Appeal of Florida,

Third District.

June 11, 1991.

Rehearing Denied Aug. 7, 1991.

An Appeal from the Circuit Court for Dade County; S. Peter Capua, Judge.

Klemick and Gampel, P.A., and Herman M. Klemick and Ross Gampel, Miami, for appellant.

Corlett, Killian, Ober, Hardeman & Levi, P.A., and Love Phipps, Miami, for appellee.

Before FERGUSON, JORGENSON and GERSTEN, JJ.

PER CURIAM.

We reverse on the authority of Acosta v. Firestone Tire & Rubber Co., 592 So.2d 1102 (Fla. 3d DCA 1991). As we did in Acosta, we certify conflict with the fourth district, Walker v. Miller Electric Mfg. Co., 16 F.L.W. 1386, 1991 WL 82508 (Fla. 4th DCA May 22, 1991). We certify to the Florida Supreme Court the following question as one of great public importance:

DOES THE NOW REPEALED STATUTE OF REPOSE, SECTION 95.031(2), FLORIDA STATUTES (1975), BAR A PLAINTIFF'S CAUSE OF ACTION WHERE THE LAW IN EFFECT AT THE TIME THE PLAINTIFF'S CAUSE OF ACTION ACCRUED WOULD HAVE PERMITTED HIM TO MAINTAIN A PRODUCTS LIABILITY ACTION?

Reversed; conflict certified; question certified.