Hardin v. Montgomery Elevator Co.

435 So. 2d 331
CourtDistrict Court of Appeal of Florida
DecidedJuly 22, 1983
DocketAN-398
StatusPublished
Cited by5 cases

This text of 435 So. 2d 331 (Hardin v. Montgomery Elevator Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hardin v. Montgomery Elevator Co., 435 So. 2d 331 (Fla. Ct. App. 1983).

Opinion

435 So.2d 331 (1983)

Paula B. HARDIN, Appellant,
v.
MONTGOMERY ELEVATOR COMPANY, a Delaware Corporation, Appellee.

No. AN-398.

District Court of Appeal of Florida, First District.

July 22, 1983.

*332 Carl Scott Schuler of the Law Offices of S. Thompson Tygart, Jr., P.A., Jacksonville, for appellant.

W. Douglas Childs of Bullock, Sharp, Childs, Mickler & Cohen, Jacksonville, for appellee.

ERVIN, Chief Judge.

Appellant, Paula B. Hardin (Hardin), appeals from the lower court's order dismissing with prejudice Count II of her two-count complaint, which alleged that appellee, Montgomery Elevator Company (Montgomery), be held strictly liable for design and manufacturing defects in one of its elevators. Hardin contends the lower court erred in finding as a matter of law that the elevator was not a product subject to strict liability. We agree and reverse.

The facts stated in the pleadings disclose that Montgomery manufactured an elevator which was in 1969 installed in a building on the campus of Florida Junior College in Jacksonville. On March 26, 1981, Hardin entered the elevator at the third floor, intending to descend to the first floor. It failed to stop, struck the bottom of the elevator shaft, resulting in serious injuries to Hardin.

The lower court granted Montgomery's motion to dismiss Count II, reasoning that a manufacturer may be held strictly liable only when it places allegedly defective products in the stream of commerce, "knowing the product is to be used without inspection for defects." As the elevator was routinely inspected by the Miami Elevator Company, the court found, as a matter of law, that the elevator was not a product which falls within the doctrine of strict liability. Hardin was given leave to amend Count II on the condition that she not re-allege strict liability. When Hardin filed her third amended complaint, again alleging strict liability in tort, the lower court dismissed Count II of that complaint with prejudice, thus allowing Hardin to proceed against the Miami Elevator Company as to Count I only, complaining of Miami *333 Elevator's negligent maintenance of the elevator.

Hardin contends the lower court erroneously concluded in granting the motion to dismiss that West v. Caterpillar Tractor Co., Inc., 336 So.2d 80 (Fla. 1976), provides an exception or defense to the theory of strict liability if the manufacturer can establish it put the product in the stream of commerce, knowing that it would not be used without inspection for defects. We agree that West does not provide such an exception. The history of section 402A of the Restatement of the Law of Torts (Second), involving strict tort liability as to products, discloses that the theory was developed when legal scholars and practitioners, dissatisfied with the application of contract concepts of privity and warranty, which were then necessary to establish liability for injuries resulting from defective products, pressed for a change. W. Prosser, Handbook of the Law of Torts § 98 (4th ed. 1971) [hereinafter: Prosser]. The American Law Institute, grappling with revisions for the second Restatement of Torts, proposed a strict liability standard which was, at first, limited to food and drink products but was, in a series of revisions, expanded to include products intended for "intimate bodily use" and then finally extended to include all products. Prosser, supra § 98 at 657 n. 51. In the midst of these revisions, the California Supreme Court first adopted the theory of strict products liability in Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57, 27 Cal. Rptr. 697, 377 P.2d 897 (1962). Stating that the rationale behind imposing strict liability on the manufacturer is to "insure that the costs of injuries resulting from defective products are borne by the manufacturers that put such products on the market rather than by the injured persons who are powerless to protect themselves", the California court announced the following rule:

A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being.

59 Cal.2d at 62-63, 27 Cal. Rptr. at 700-701, 377 P.2d at 900-901 (e.s.). Subsequent to Greenman, in 1965, the American Law Institute adopted its strict product liability standard. Conspicuously, the Greenman phrase that the lower court relied on in the case at bar, "knowing that it is to be used without inspection for defects," was omitted from the final draft, which provides:

(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
(a) the seller is engaged in the business of selling such a product, and
(b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
(2) The rule stated in Subsection (1) applies although
(a) the seller has exercised all possible care in the preparation and sale of his product, and
(b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.

Restatement (Second) of Torts § 402A (1965) [hereinafter: Restatement]. See also Wade, On the Nature of Strict Tort Liability for Products, 44 Miss.L.J. 825, 829 (1973).

It was not until 1976 that Florida joined the growing ranks of states that previously had adopted section 402A in its entirety, or had followed the California lead by adopting a substantial equivalent thereof. West, 336 So.2d at 87 n. 1. In West the Florida Supreme Court recognized the strict liability standard as set out in section 402A and, citing favorably from Greenman, stated that "[a] manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect that causes injury to a human being." 336 So.2d at 84. Before a manufacturer may be held liable under a strict liability *334 theory in Florida, the user of the product must establish

the manufacturer's relationship to the product in question, the defect and unreasonably dangerous condition of the product, and the existence of the proximate causal connection between such condition and the user's injuries or damages.

336 So.2d at 87. Finally, the court expressly "adopt[ed] the doctrine of strict liability as stated by the A.L.I. Restatement (Second) of Torts § 402A" for application in Florida. Id.

The controversy in this case arises because West quoted favorably from that language in Greenman which, as appellee contended and the lower court accepted, arguably may preclude liability if the manufacturer knew the product was not to be used without inspection for defects, while at the same time expressly adopting, in its entirety, section 402A of the Restatement which contains no such exemption. 336 So.2d at 84, 86, 87, 92. For the following reasons we interpret West as adopting section 402A in its entirety, without any intention of engrafting the questionable exception found in the language of Greenman.

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