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eBook details

• Title: West v. Caterpillar Tractor Co.
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 27, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

This appeal presents important issues of modern tort principles which are particularly appropriate for resolution by the Florida Supreme Court. Broadly the questions include (1) whether Florida has adopted strict liability as defined by the Restatement of Torts, § 402A and/or as defined by the district court in its instructions to the jury, compare McLeod v. W. S. Merrell Co., 174 So.2d 736 (Fla.1965) with Royal v. Black and Decker Manuf. Co., 205 So.2d 307 (Fla.App. -- 3d. Dist. -- 1967) and Keller v. Eagle Army-Navy Dept. Stores, Inc., 291 So.2d 58 (Fla.App. -- 4th Dist. -- 1974), and (2) whether comparative negligence, Hoffman v. Jones, 280 So.2d 431 (Fla.1973), constitutes a defense to either or both strict liability and breach of implied warranty, and if so, in particular what type of negligence or conduct by plaintiff constitutes such a defense -- abnormal, unintended or unforeseen use; lack of due care which is the sole proximate cause or just a proximate cause; voluntary encounter of a known risk; assumption of risk as defined in Cleveland v. City of Miami, 263 So.2d 573 (Fla.1972). See Coleman v. American Universal of Florida, Inc., 264 So.2d 451 (Fla.App. -- 1st Dist. -- 1972), interpreted in Florida Power & Light Co. v. R. O. Products, Inc., 489 F.2d 549 (5th Cir. 1974).

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