FERNANDO BENITEZ AND ALINA BENITEZ, HIS WIFE, PLAINTIFFS-APPELLEES,
v.
STANDARD HAVENS PRODUCTS, INC., A FOREIGN CORPORATION, DEFENDANT/THIRD PARTY PLAINTIFF-APPELLANT
PER CURIAM: Following oral argument, we certified the following question to the Supreme Court of Florida: DOES A PLAINTIFF’S KNOWING MISUSE OF A PRODUCT IN A MANNER NEITHER INTENDED NOR FORESEEABLE BY THE DEFENDANT MANUFACTURER BAR RECOVERY, AS A MATTER OF LAW, ON A PRODUCTS LIABILITY CLAIM SOUNDING IN NEGLIGENCE? Benitez v. Standard Havens Products, Inc., 7 F. 3d 1561, 1565 (11th Cir.1993). Our earlier opinion contains a statement of the relevant facts and proceedings, which need not be repeated here. The Florida Supreme Court has now answered the question in the negative. Standard Havens Products, Inc. v. Benitez, 648 So. 2d 1192 (Fla.1994).
In light of the Florida Supreme Court’s opinion, we AFFIRM the jury’s verdict in favor of Fernando Benitez in the amount of $1,050,000, and in favor of Alina Benitez in the amount of $175,000.
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Veliz v. Rental Serv. Corp. USA, Inc., 313 F. Supp. 2d 1317 (M.D. Fla. 2003)…is the case even where a plaintiff knowingly misuses a product in a manner neither intended nor foreseen by the defendant manufacturer. See Standard Havens Prods., Inc., 648 So.2d at 1193; see also Benitez v. Standard Havens Products, Inc., 43 F.3d 1433, 1434 (11th Cir.1995); Bender, Florida Torts § 71.01, at p. 5 (“Product misuse is not an absolute bar to a products liability claim sounding in negligence. Rather, a plaintiffs unforeseeable misuse of a product is comparative negligence”). Howev…
Authorities Cited
- Standard Havens Prods., Inc. v. Benitez, 648 So. 2d 1192 (Fla. 1994)
- Benitez v. Standard Havens Prods., Inc., 7 F.3d 1561 (11th Cir. 1993)