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SERKSNAS v. ENGINE SUPPORT, INCORPORATED

Nos. 74-1218-Civ-CA, 74-1227-Civ-CA.

392 F.Supp. 392 (1975)

Kristina R. SERKSNAS, as Administratrix of the Estate of Sigitas C. Serksnas, Deceased, v. ENGINE SUPPORT, INCORPORATED, a Delaware Corporation, and John Doe Insurance Company. Judy SHAW, as Administratrix of the Estate of Elmer L. Brewer, Deceased, v. ENGINE SUPPORT, INCORPORATED, a Delaware Corporation, and John Doe Insurance Company.

United States District Court, S. D. Florida.

February 25, 1975.

Attorney(s) appearing for the Case

Cardwell & Cardwell, Hartford, Conn., and Brumer, Moss, Cohen & Rodgers, Miami, Fla., for plaintiff Serksnas.

F. Timothy McNamara, Hartford, Conn., and Brumer, Moss, Cohen & Rodgers, Miami, Fla., for plaintiff Shaw.

H. James Catlin, Jr., of Paige & Catlin, Miami, Fla., for defendant Engine Support.

ORDER DENYING MOTION TO DISMISS COUNT III OF THE SECOND AMENDED COMPLAINT

ATKINS, District Judge.

This cause comes before the Court on defendant's motion to dismiss Count III of plaintiff's complaint on the ground that the doctrine of strict liability in tort has not been adopted in Florida. Although Count III is entitled strict liability in tort, it is clear that plaintiff has alleged a claim for Florida's breach of implied warranty, a tort which closely...

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