Sullivan v. Navistar International Co.
Florida District Courts of Appeal
Sullivan v. Navistar International Co., 510 So. 2d 998 (1987)
12 Fla. L. Weekly 1727; 1987 Fla. App. LEXIS 9384
Baskin, Ferguson, Schwartz
Sullivan v. Navistar International Co.
Opinion of the Court
We reverse the summary judgment on authority of Henley v. J.I. Case Co., 510 So.2d 342 (Fla. 3d DCA 1987) (the products liability statute of repose which requires that the action be commenced within the twelve-year period is inapplicable to wrongful death actions).
Reversed and remanded.
We certify the same question certified in Henley:
DOES THE STATUTE OF REPOSE BAR A WRONGFUL DEATH ACTION WHERE THE DEATH OCCURRED MORE THAN TWELVE YEARS AFTER THE ORIGINAL PURCHASE OF THE PRODUCT WHICH ALLEGEDLY CAUSED THE DEATH?
Reference
- Full Case Name
- William F. SULLIVAN, IV, attorney in fact for the survivors of Meliton Mendez, and to be appointed personal representative of the Estate of Meliton Mendez v. NAVISTAR INTERNATIONAL COMPANY, formerly International Harvester Company, a foreign corporation
- Cited By
- 1 case
- Status
- Published