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SCHWARTZ, Judge (specially concurring).
I would not reach the question of the applicability vel non of the strict liability doctrine, because the fact that the jury was
*1230 charged on both negligence and breach of warranty rendered the failure to give the plaintiffs requested strict liability instruction no more than harmless error. Sansing v. Firestone Tire & Rubber Co., 354 So.2d 895 (Fla.4th DCA 1978), cert. denied, 360 So.2d 1250 (Fla.1978). I otherwise agree to affirmance.
Document Info
Docket Number: Nos. 79-841, 79-1175 and 79-1206
Citation Numbers: 390 So. 2d 1229, 1980 Fla. App. LEXIS 18189
Judges: Hendry, Nesbitt, Schwartz
Filed Date: 12/9/1980
Precedential Status: Precedential
Modified Date: 10/18/2024