Lucarelli Pizza & Deli v. Posen Construction, Inc.

ALTENBERND, Judge.

Lucarelli Pizza & Deli and T.A.S. Sunshine Enterprises LLC (the Plaintiffs) appeal an order denying their amended motion for class certification. The alleged cause of action in this case is negligence. Although the Plaintiffs sought to determine only the issues of duty and breach of duty in their attempted class action, a person does not have a cause of action for negligence in the absence of actual damage. Thus, to establish numerosity and typicality for purposes of this class action, the Plaintiffs needed to show that a sufficient and clearly ascertainable number of the…