DocketNumber: 34682
Citation Numbers: 181 So. 2d 641
Judges: Per Curiam
Filed Date: 1/12/1966
Status: Precedential
Modified Date: 4/8/2017
Supreme Court of Florida.
Blackwell, Walker & Gray and James E. Tribble, Miami, for petitioner.
Thomas J. Gaine, Miami, for respondents.
PER CURIAM.
The case sub judice comes to this Court on a petition for certiorari based on a question certified to be of great public interest by the Court of Appeal, Third District. We must decide whether privity of contract is required to support an action by a consumer against a manufacturer for breach of implied warranty of a product that is neither a dangerous instrumentality nor a foodstuff.
In the decision under review the District Court held that privity is not an essential element of the cause of action. Bernstein v. Lily-Tulip Cup Corporation, Fla.App. 1965, 177 So. 2d 362.
We have carefully reviewed the opinion submitted to us. It is in accord with the law of this jurisdiction. We, therefore, approve the opinion of the District Court in all respects. The writ is discharged.
It is so ordered.
*642 THORNAL, C.J., and THOMAS, O'CONNELL and ERVIN, JJ., concur.
ROBERTS and CALDWELL, JJ., dissent.
DREW, J., heard argument but did not participate in decision.
Barfield v. United States Rubber Company , 234 So. 2d 374 ( 1970 )
Russell v. Community Blood Bank, Inc. , 1966 Fla. App. LEXIS 5294 ( 1966 )
Autrey v. Chemtrust Industries Corporation , 362 F. Supp. 1085 ( 1973 )
Cedars of Lebanon Hosp. Corp. v. European X-Ray Distributors , 1984 Fla. App. LEXIS 11531 ( 1984 )
Adair v. the Island Club , 225 So. 2d 541 ( 1969 )
Barfield v. Atlantic Coast Line Railroad Company , 197 So. 2d 545 ( 1967 )
West v. Caterpillar Tractor Company, Inc. , 336 So. 2d 80 ( 1976 )
Barry v. Ivarson Incorporated , 249 So. 2d 44 ( 1971 )
Mattes v. Coca Cola Bottling Co. of Miami , 311 So. 2d 417 ( 1974 )