Legal Opinion

Serksnas v. Engine Support, Inc.

District Court, S.D. Florida

Decided February 25, 1975No. Nos. 74-1218-Civ-CA, 74-1227-Civ-CAPublished

1Opinion of the Court

ORDER DENYING MOTION TO DISMISS COUNT III OF THE SECOND AMENDED COMPLAINT

ATKINS, District Judge.

This cause comes before the Court on defendant’s motion to dismiss Count III of plaintiff’s complaint on the ground that the doctrine of strict liability in tort has not been adopted in Florida. Although Count III is entitled strict liability in tort, it is clear that plaintiff has alleged a claim for Florida’s breach of implied warranty, a tort which closely resembles the doctrine of strict liability. See Tampa Electric Co. v. Stone & Webster Engineering Corp., 367 F.Supp. 27, 38 (M.D.Fla.1973)…

2Cases cited8 opinions

Green v. American Tobacco CompanySupreme Court of Florida · 1963
McLeod v. WS Merrell Co., Div. of Richardson-MerrellSupreme Court of Florida · 1965
Royal v. Black and Decker Manufacturing CompanyDistrict Court of Appeal of Florida · 1968
Tampa Electric Co. v. Stone & Webster Engineering Corp.District Court, M.D. Florida · 1973
Vandercook and Son, Inc. v. George F. Thorpe, in His Own Right for the Use and Benefit of Reliance Insurance CompanyCourt of Appeals for the Fifth Circuit · 1968

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