Carroll v. Volkswagen of America, Inc.

Supreme Court of Florida
Carroll v. Volkswagen of America, Inc., 519 So. 2d 604 (Fla. 1988)
13 Fla. L. Weekly 58; 1988 Fla. LEXIS 125; 1988 WL 6024
Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw

Carroll v. Volkswagen of America, Inc.

Opinion of the Court

PER CURIAM.

We review Carroll v. Volkswagen of America, Inc., 508 So.2d 556 (Fla. 4th DCA 1987), to answer two certified questions of great public importance. Art. V, § 3(b)(4), Fla. Const. The certified questions are as follows:

I. DOES THE SUPREME COURT DECISION IN PULLÜM APPLY RETROACTIVELY SO AS TO BAR CAUSES OF ACTION THAT ACCRUED BEFORE THE DATE OF THAT DECISION?
II. SHOULD THE ABOLITION OF THE 12-YEAR STATUTE OF REPOSE BY THE LEGISLATURE BE CONSTRUED TO OPERATE RETROACTIVELY TO PRESERVE CAUSES OF ACTION THAT ACCRUED PRIOR THERETO?

Id. We recently answered the first question in the affirmative and the second question in the negative in Melendez v. Dreis & Krump Manufacturing Co., 515 So.2d 735 (Fla. 1987). We approve the decision below on the authority of Melendez.

It is so ordered.

McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.

Reference

Full Case Name
Teresa CARROLL v. VOLKSWAGEN OF AMERICA, INC., etc.
Cited By
1 case
Status
Published