Gallagher v. Pittsburgh Corning Corp.

District Court of Appeal of Florida

Decided October 13, 1992

District Court of Appeal of Florida · decided 1992-10-13

Relies on Beraglia v. Owens-Corning Fiberglas Corp.

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Decided 1992-10-13

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Cited by 13 later decisions — most recently November 2022

12 state decisions

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PER CURIAM.

¶1The 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.

¶2Reversed and remanded.