Legal Opinion

Sampson v. Caterpillar Tractor Co.

District Court of Appeal of Florida

Decided June 4, 1987No. 86-666PublishedCited by 3 opinions

1Opinion of the Court

SHARP, Judge.

Appellants’ timely appeal from a summary final judgment in their products liability action for a 1980 injury. They assert the trial court erred by retrospectively applying Pullum v. Cincinnati, Inc., 476 So.2d 657 (Fla.1985), appeal dismissed, — U.S. -, 106 S.Ct. 1626, 90 L.Ed.2d 174 (1986)1 so as to deny their claim. In addition, appellants claim retrospective application of Pullum deprives them of access to the courts2 and violates their right to equal protection under the law.3 We affirm.

In Pullum, the Florida Supreme Court held § 95.031(2) constitutional, specifically…

2Cases cited14 opinions

  1. Pullum v. Cincinnati, Inc.Supreme Court of Florida · 1985
  2. Battilla v. Allis Chalmers Manufacturing Co.Supreme Court of Florida · 1980
  3. Shaw v. General Motors CorporationDistrict Court of Appeal of Florida · 1987
  4. Lamb Ex Rel. Donaldson v. Volkswagenwerk Aktienge-SellschaftDistrict Court, S.D. Florida · 1986
  5. Pait v. Ford Motor Co.District Court of Appeal of Florida · 1987

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3Cited by3 opinions

  1. NAT. INS. UNDERWRITERS v. Cessna Aircraft Corp.District Court of Appeal of Florida · 1988
  2. National Insurance Underwriters v. Cessna Aircraft Corp.District Court of Appeal of Florida · 1988
  3. Perez v. Ingersoll-Rand Co.District Court of Appeal of Florida · 1987

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