Sullivan v. Navistar International Co.

District Court of Appeal of Florida

Sullivan v. Navistar International Co.

510 So. 2d 998, 12 Fla. L. Weekly 1727, 1987 Fla. App. LEXIS 9384

District Court of Appeal of Florida·Decided July 14, 1987·No. No. 86-1001·Published·Cited by 1 cases

Opinion

PER CURIAM.

We reverse the summary judgment on authority of Henley v. J.I. Case Co., 510 So.2d 342 (Fla. 3d DCA 1987) (the products liability statute of repose which requires that the action be commenced within the twelve-year period is inapplicable to wrongful death actions).

Reversed and remanded.

We certify the same question certified in Henley:

DOES THE STATUTE OF REPOSE BAR A WRONGFUL DEATH ACTION WHERE THE DEATH OCCURRED MORE THAN TWELVE YEARS AFTER THE ORIGINAL PURCHASE OF THE PRODUCT WHICH ALLEGEDLY CAUSED THE DEATH?

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PER CURIAM.

We reverse the summary judgment on authority of Henley v. J.I. Case Co., 510 So.2d 342 (Fla. 3d DCA 1987) (the products liability statute of repose which requires that the action be commenced within the twelve-year period is inapplicable to wrongful death actions).

Reversed and remanded.

We certify the same question certified in Henley:

DOES THE STATUTE OF REPOSE BAR A WRONGFUL DEATH ACTION WHERE THE DEATH OCCURRED MORE THAN TWELVE YEARS AFTER THE ORIGINAL PURCHASE OF THE PRODUCT WHICH ALLEGEDLY CAUSED THE DEATH?

Sullivan v. Navistar International Co., 510 So. 2d 998, 12 Fla. L. Weekly 1727, 1987 Fla. App. LEXIS 9384 (Fla. Ct. App. 1987).

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