Florida District Courts of Appeal, 1983

Corey v. Sunar Ltd.

Florida District Courts of Appeal · Decided October 18, 1983 · No. 82-2386 · Barkdull, Jorgenson, Nesbitt

446 So. 2d 145; 1983 Fla. App. LEXIS 27783 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Parke v. Scotty's, Inc. (Fla. Dist. Ct. App. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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