Stimpson v. Ford Motor Co.

Summary

The Florida Fifth District Court of Appeal held that Florida’s twelve-year products-liability statute of repose is tolled during periods when a manufacturer had actual knowledge of an alleged defect and took affirmative steps to conceal it. The court concluded that the plaintiffs could potentially establish that Ford concealed the alleged sudden-acceleration defect in their vehicle, making their claims timely. It reversed the summary judgment entered for Ford and remanded for further proceedings.

Holdings

1. Under section 95.031(2)(d), Florida Statutes (2003), the twelve-year products-liability repose period is tolled, meaning it stops running, for any period during which the manufacturer had actual knowledge of the alleged defect and took affirmative steps to conceal it.
2. Summary judgment was improper because the Stimpsons presented evidence that, if believed by a jury, could establish or support an inference of active concealment and could show that the claims were timely under the tolling provision.

Questions Presented

1. Whether Florida's products-liability statute of repose is tolled during periods in which a manufacturer, with actual knowledge of the alleged defect, takes affirmative steps to conceal it.
2. Whether summary judgment was proper when evidence could support a finding that Ford actively concealed the alleged defect.

Disposition

reversed_and_remanded