Corey v. Sunar Ltd.

Florida District Courts of Appeal
Corey v. Sunar Ltd., 446 So. 2d 145 (1983)
1983 Fla. App. LEXIS 27783
Barkdull, Jorgenson, Nesbitt

Corey v. Sunar Ltd.

Opinion of the Court

PER CURIAM.

Affirmed.

Dissenting Opinion

JORGENSON, Judge,

dissenting.

I respectfully dissent. This is a products liability case involving a file cabinet which, in deviation from a designed-in safety feature, tipped over and fell onto the plaintiff. The trial court directed a verdict for the defendant on strict liability. In my view this was error. I would adopt the well-reasoned opinion of Judge Ervin in Cassisi v. Maytag Co., 396 So.2d 1140 (Fla. 1st DCA 1981). As Judge Ervin points out, a legal inference sufficient to establish a prima facie case for jury consideration of strict liability arises when a product malfunctions during normal operation. The plaintiff asserted such a defect and was entitled to have a jury consider that issue. I would therefore reverse and remand for further proceedings consistent with the rule delineated in Cassisi.

Reference

Full Case Name
Nikki COREY v. SUNAR LIMITED
Cited By
1 case
Status
Published