MARSHA KAREN BRAWLEY AND OLAND BRAWLEY, HER HUSBAND, APPELLANTS,
v.
FABRICA D'ARMI PIETRO BERETTA S.P.A., ET AL., APPELLEES
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The Brawleys appealed a summary judgment in a products liability action against Beretta, the gun manufacturer, arising from an injury sustained by Marsha Brawley while using a shotgun. The court affirmed, holding that Beretta could not be held liable because it did not manufacture, distribute, or market the defective shotgun, and because a third party's independent conduct could not create an agency relationship or conspiracy with Beretta.
The defendants are not legally responsible for the damages because they neither manufactured, retailed, distributed, nor marketed the shotgun at issue. The failure of the defendants to prevent a third party from using a similar name to market the shotgun cannot create an agency relationship or conspiracy, and therefore the defendants cannot be held liable for injuries caused by a product made by an unconnected third party.
[1] A defendant in a products liability action is not legally responsible for damages caused by a product if the defendant did not manufacture, retail, distribute, or market…
[2] A party's failure to prevent a third party from marketing a product in a misleading manner does not create an agency relationship or conspiracy with the third party when…
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Join FLexlaw to unlock all legal intelligence“the defendants are not, as a matter of law, legally responsible for the damages sustained by the plaintiffs Marsha and Oland Brawley as a result of Marsha Brawley being injured while using the subject shotgun”
Statement of the court's holding regarding the defendants' lack of legal responsibility
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Join FLexlaw to unlock all legal intelligenceMarsha Brawley was injured while using a shotgun. The shotgun was manufactured and sold by Dr. Franco Beretta, a third party completely unconnected wi…
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[*272] PER CURIAM.
This is an appeal by the plaintiffs Marsha and Oland Brawley from an adverse final summary judgment entered below as to the defendants Fabrica d’Armi Pietro Beretta S.p.A. and Beretta U.S.A. Corp. in a products liability action arising out of a shotgun accident. We affirm the final summary judgment appealed from based on a holding that the defendants are not, as a matter of law, legally responsible for the damages sustained by the plaintiffs Marsha and Oland Brawley as a result of Marsha Brawley being injured while using the subject shotgun. We reach this result for two reasons.
First, it is conceded that the above defendants, who are in the gun business, did not manufacture, retail, distribute, or market the allegedly defective shotgun. Second, the fact that the defendant failed to take any action to prevent a third party, Dr. Franco Beretta [who secured the manufacture of and sold the subject shotgun], from marketing the said shotgun in such a way as to mislead Marsha Brawley into believing she was buying the defendants’ shotgun cannot, as urged, create a real or apparent agency relationship or a conspiracy with Dr. Beretta. Dr. Beretta was completely unconnected with the defendants’ gun business, and, as a result, the defendants cannot be held legally responsible for damages caused by the allegedly defective shotgun which was manufactured and sold by third parties. Menendez v. Beech Acceptance Corp., 521 So. 2d 178, 180 (Fla. 3d DCA 1988); Spence, Payne, Masington & Grossman, P.A. v. Philip M. Gerson, P.A., 483 So. 2d 775, 777 (Fla. 3d DCA), rev. denied, 492 So. 2d 1334 (Fla.1986); Orlando Executive Park v. P.D.R., 402 So. 2d 442, 449 (Fla. 5th DCA 1981), approved, 433 So. 2d 491 (Fla.1983); Taco Bell of Calif. v. Zappone, 324 So. 2d 121, 124 (Fla. 2d DCA 1975).
Affirmed.
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Citator
Authorities Cited
- Orlando Executive Park, Inc. v. Robbins, 433 So. 2d 491 (Fla. 1983)
- Taco Bell OF California v. Zappone, 324 So. 2d 121 (Fla. 2d DCA 1975)
- Spence, Payne, Masington & Grossman, P.A. v. Philip M. Gerson, P.A., 483 So. 2d 775 (Fla. 3d DCA 1986)
- Bell v. State, 402 So. 2d 442 (Fla. 3d DCA 1981)
- Orlando Executive Park, Inc. v. P. D. R., 402 So. 2d 442 (Fla. 5th DCA 1981)
- Menendez v. Beech Acceptance Corp., 521 So. 2d 178 (Fla. 3d DCA 1988)