Legal Opinion
Gonsalves v. Sears
District Court of Appeal of Florida
Decided October 29, 2003No. 4D02-3196PublishedCited by 3 opinions
1Opinion of the CourtPolen, J.
This appeal arises out of the purchase and allegedly negligent installation of carpet and its resulting injury to Appellant. For the reasons set forth below, we reverse.
The facts are for the most part undisputed. Appellant’s mother is a homeowner in Davie, Florida. In 1995, the mother purchased carpeting for a staircase from Sears. Sears installed the carpeting through its contractor Flamingo. The carpeting was not installed correctly the first time, and it had to be taken up and replaced.
A few months after the second installation, another problem became apparent and Sears was again notified.…
2Cases cited4 opinions
- Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
- Slavin v. KaySupreme Court of Florida · 1959
- El Shorafa v. RuprechtDistrict Court of Appeal of Florida · 1977
- Foster v. ChungDistrict Court of Appeal of Florida · 1999
3Cited by3 opinions
- Jesse McIntosh, as Personal Representative of the Estate of James McIntosh, on behalf of Jesse McIntosh and Dylan McIntosh, James McIntosh's minor children v. Progressive Design And Engineering, Inc., Mastec North America, Inc., GBF Engineering, Inc., Broward County, State of Florida Department of Transportation, TEI Engineers & Planners and / or HNTB Corporation, as successor corporation, and City of Pembroke Pines, jointly and severallyDistrict Court of Appeal of Florida · 2015
- Jesse McIntosh, as Personal Representative of the Estate of James McIntosh, on behalf of Jesse McIntosh and Dylan McIntosh, James McIntosh's minor children v. Progressive Design and Engineering, Inc., Mastec North America, Inc. GBF Engineering, Inc., Broward County, State of Florida Department of Transportation, TEI Engineers & Planners and / or HNTB Corporation and City of Pembroke PinesDistrict Court of Appeal of Florida · 2015
- McIntosh v. Progressive Design & Engineering, Inc.District Court of Appeal of Florida · 2015