Gallagher v. Pittsburgh Corning Corp.

608 So. 2d 855, 1992 Fla. App. LEXIS 10758, 1992 WL 279860

Opinion

PER CURIAM.

The Gallaghers commenced this action for injuries caused by exposure to the ap-pellee’s product, on theories of negligence and strict liability. This appeal is brought, after an adverse jury verdict on the negligence count, from a pretrial omnibus order which dismissed the strict liability count. We reverse for a trial on the authority of Beraglia v. Owens-Corning Fiberglass Corp., 606 So.2d 1213 (Fla. 3d DCA 1992), which holds that a plaintiff in an asbestos litigation is entitled to proceed to trial on a strict liability claim so long as the claim does not duplicate the negligence claim.

Reversed and remanded.