DAVID A. WALLS, ET AL., APPELLANTS,
v.
CAHILL MANUFACTURING CO., INC., ETC., APPELLEE

Fla. 5th DCA | 1987-05-14
No. 86-1576
DAUKSCH and COWART, JJ., concur.
507 So. 2d 173 Florida District Court of Appeal, Fifth District (1987) Positive Treatment
Cited by 4 cases
Topics
Product Liability Action Statute Of Repose Accrual Of Cause Of Action Products Liability

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Opinion of the Court
ORFINGER, Judge.

ORFINGER, Judge.

The summary final judgment appealed from is affirmed on the authority of Pait v. Ford Motor Company, 500 So. 2d 743 (Fla. 5th DCA 1987). Because of the great public importance of the questions involved in the interpretation of the statute of repose as it pertains to product liability (section 95.031(2), Florida Statutes (1985)), we certify to the Supreme Court of Florida the same questions certified in Pait, viz:

I

WHETHER THE LEGISLATIVE AMENDMENT OF SECTION 95.031(2), FLORIDA STATUTES (1985), ABOLISHING THE STATUTE OF REPOSE IN PRODUCT LIABILITY ACTIONS, SHOULD BE CONSTRUED TO OPERATE RETROSPECTIVELY TO A CAUSE OF ACTION WHICH ACCRUED BEFORE THE EFFECTIVE DATE OF THE AMENDMENT?

II

IF NOT, WHETHER THE DECISION OF PULLUM V. CINCINNATI, INC., 476 SO.2D 657 (FLA.1985) WHICH OVERRULED BATTILLA V. ALLIS CHALMERS MANUFACTURING COMPANY, 392 SO.2D 874 (FLA.1980) APPLIES SO AS TO BAR A CAUSE OF ACTION FOR WRONGFUL DEATH THAT ACCRUED AFTER THE BATTILLA DECISION BUT BEFORE THE PULLUM DECISION?

AFFIRMED.

DAUKSCH and COWART, JJ., concur.

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Cited By

  • Nat'l Ins. Underwriters v. Cessna Aircraft Corp., 522 So. 2d 53 (Fla. 5th DCA 1988)
    …Donnell Douglas Corporation, 508 So. 2d 501 (Fla. 3d DCA 1987); Sampson v. Caterpiller Tractor Co., 507 So. 2d 1222 (Fla. 5th DCA 1987); Curtiss-Wright Corporation v. Diaz, 507 So. 2d 1197 (Fla. 3d DCA 1987); Walls v. Cahill Manufacturing Co., Inc., 507 So. 2d 173 (Fla. 5th DCA 1987); Clausell v. Hobart Corporation, 506 So. 2d 1160 (Fla. 3d DCA), approved, 515 So. 2d 1275 (Fla.1987); Manuel v. EIG Cutlery, Inc., 506 So. 2d 1100 (Fla. 3d DCA 1987); Keyes v. Fulton Manufacturing Corp., 506 So. 2d 1099 (Fla. 3d…
  • Sampson v. Caterpillar Tractor Co., 507 So. 2d 1222 (Fla. 5th DCA 1987)
    …ning the constitutionality of such retrospective application and the effect of subsequent legislative amendment5 of § 95.031(2), which abolished the statute of repose in products liability actions. See: Pait; Walls v. Cahill Manufacturing Co., Inc., 507 So. 2d 173 (Fla. 5th DCA 1987); Lazo v. Baring Industries, Inc., 508 So. 2d 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);…

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