Battilla v. Allis Chalmers Manufacturing Co.

Summary

The Florida Supreme Court reversed a circuit court judgment holding that the product liability action was barred by Florida's twelve-year statute of repose for products liability claims, section 95.031(2), Florida Statutes (1975). Relying on Overland Construction Co. v. Sirmons and related cases, the Court held that the statute, as applied, denied access to courts under article I, section 21 of the Florida Constitution; a dissent would have upheld the statute.

Holdings

1. As applied to this case, section 95.031 denies access to courts in violation of article I, section 21, of the Florida Constitution.

Questions Presented

1. Whether applying section 95.031(2), Florida Statutes (1975), to this product-liability action violates the Florida Constitution's access-to-courts guarantee.
2. Whether the circuit court correctly held that section 95.031 barred the product-liability action.

Disposition

reversed