Florida Power & Light Co., a Florida Corp. v. Westinghouse Electric Corp., a Pennsylvania Corp. Qualified to Do Business in Florida

835 F.2d 817

FLORIDA POWER & LIGHT CO., a Florida corp., Plaintiff-Appellant,
v.
WESTINGHOUSE ELECTRIC CORP., a Pennsylvania corp. qualified
to do business in Florida, Defendant-Appellee.

No. 84-5946.

United States Court of Appeals, Eleventh Circuit.

Jan. 15, 1988.

Alvin B. Davis, Nancy Swerdlow, Steel Hector & Davis, Miami, Fla., for plaintiff-appellant.

R. Benjamine Reid, Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern, P.A., Miami, Fla., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Florida, Joe Eaton, District Judge, Presiding.

Before FAY, Circuit Judge, PECK* and GODBOLD**, Senior Circuit Judges.

PER CURIAM:

1

Florida Power & Light sued Westinghouse asserting a breach of warranty claim and a negligence claim, arising out of an undertaking by Westinghouse to design, manufacture and furnish nuclear generating plant equipment for FPL's Turkey Point plant in Dade County, Florida. The court granted a partial summary judgment in favor of Westinghouse on the negligence claim and denied partial summary judgment on the breach of warranty claim.

2

The case is before us on an interlocutory appeal by FPL under 28 U.S.C. Sec. 1292(b) from the summary judgment for Westinghouse on the negligence claim.

3

This court certified to the Supreme Court of Florida two issues:

4

(1) Whether Florida law permits a buyer under a contract for goods to recover economic losses in tort without a claim for personal injury or property damage to property other than the allegedly defective goods.

5

(2) If Florida law precludes recovery for economic loss in tort without a claim for personal injury or property damage to other property, whether this rule should be applied retroactively in this case.

6

Florida Power & Light Co. v. Westinghouse Electric Corp., 785 F.2d 952 (11th Cir.1986).

7

The Supreme Court of Florida has answered the first question "no" and the second question "yes." Florida Power & Light Co. v. Westinghouse Electric Corp., 510 So.2d 899 (Fla.1987). This decision, appropriately made by the highest court of the state in this diversity case, controls our decision.

8

The partial summary judgment in favor of Westinghouse on the negligence claim is AFFIRMED.

*

Honorable John W. Peck, Senior U.S. Circuit Judge for the Sixth Circuit, sitting by designation

**

See Rule 34-2(b), Rules of the U.S. Court of Appeals for the Eleventh Circuit