Gallagher v. Pittsburgh Corning Corp.
Florida District Courts of Appeal
Gallagher v. Pittsburgh Corning Corp., 608 So. 2d 855 (1992)
1992 Fla. App. LEXIS 10758; 1992 WL 279860
Ferguson, Gersten, Schwartz
Gallagher v. Pittsburgh Corning Corp.
Opinion of the Court
The Gallaghers commenced this action for injuries caused by exposure to the ap-pellee’s product, on theories of negligence and strict liability. This appeal is brought, after an adverse jury verdict on the negligence count, from a pretrial omnibus order which dismissed the strict liability count. We reverse for a trial on the authority of Beraglia v. Owens-Corning Fiberglass Corp., 606 So.2d 1213 (Fla. 3d DCA 1992), which holds that a plaintiff in an asbestos litigation is entitled to proceed to trial on a strict liability claim so long as the claim does not duplicate the negligence claim.
Reversed and remanded.
Reference
- Full Case Name
- Thomas Francis GALLAGHER, Jr., and Carol Gallagher, his wife v. PITTSBURGH CORNING CORPORATION
- Cited By
- 2 cases
- Status
- Published