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Wheelock v. Harbison-Walker

District Court of Appeal of Florida, Third District
Nov 24, 1992
608 So. 2d 583 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-1308.

November 24, 1992.

An Appeal from the Circuit Court for Dade County; Richard S. Fuller, Judge.

Robles Gonzalez, P.A. and Ervin A. Gonzalez, Miami, for appellants.

Durkin Morlan, P.A. and Lea Ann Banks, Orlando, for appellees.

Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.


Russell G. Wheelock and Janice Wheelock appeal a final order dismissing their complaint for strict liability in their personal injury action alleging injury by reason of asbestos exposure. The dismissal was ordered on the basis of the circuit court's omnibus order of July 1, 1991, holding that "strict liability is not available to plaintiffs in asbestos related personal injury litigation." (R. 59).

The order under review is reversed on authority of Beraglia v. Owens-Corning Fiberglas Corp., 606 So.2d 1213 (Fla. 3d DCA 1992); see also Gallagher v. Pittsburgh Corning Corp., 608 So.2d 855 (Fla. 3d DCA 1992), and the cause remanded for further proceedings.

Reversed and remanded.


Summaries of

Wheelock v. Harbison-Walker

District Court of Appeal of Florida, Third District
Nov 24, 1992
608 So. 2d 583 (Fla. Dist. Ct. App. 1992)
Case details for

Wheelock v. Harbison-Walker

Case Details

Full title:RUSSELL G. WHEELOCK AND JANICE WHEELOCK, APPELLANTS, v. HARBISON-WALKER…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 24, 1992

Citations

608 So. 2d 583 (Fla. Dist. Ct. App. 1992)