Rich Electronics, Inc. v. Southern Bell Telephone & Telegraph Co.
Rich Electronics, Inc. v. Southern Bell Telephone & Telegraph Co.
Opinion of the Court
Subsequent to this court’s opinion and decision reported in Rich Electronics, Inc. v. Southern Bell Telephone & Telegraph Company, 523 So.2d 670 (Fla. 3d DCA 1988), the matter recurred in the trial court upon Southern Bell’s motion for summary judgment setting forth that the plaintiff’s claim was limited to economic damages or loss of profits, and therefore such was not recoverable in a negligence context. The trial court agreed and granted summary judgment. This appeal ensued. Although the prior opinion in this matter, Rich Electronics, Inc. v. Southern Bell Telephone & Telegraph Company, supra held that the public utility tariff may not limit damages sounding in tort under certain circumstances,
Therefore, the summary judgment under review is affirmed.
Affirmed.
. "For the reasons given, we conclude that the tariff will limit the phone company’s liability when the phone company has put into effect and maintains reasonable procedures and safeguards to guard against errors and omissions in directory listings. Damages which result from a mere negligent failure to adhere to these procedures are subject to the tariffs limitation, but where, as here, it may be shown that there are no such procedures, there is no limitation of liability.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.