Florida District Court of Appeal Declines to Impose Strict Liability on Used R.V. Seller

In Cataldo v.Lazy Days R.V. Center, Inc., ___ So.2d ___, 2006 WL 305316, 2006 Fla. App. Lexis 1682 (Fla. Ct. App., Feb. 10, 2006 [Docket No. No. 2D04-3904]), the Florida District Court of Appeals in a case of first impression considered the issue of whether a seller of a used an reconditioned motor home is subject to strict liability under Restatement (Second) of Torst § 402A (1965) on the basis that the home is defective and unreasonably dangerous. Carl Cotaldo and his wife Carol bought a used 1988 motor home, designed and manufactured by Beaver Coaches, Inc., from Lazy Days R.V. Center, which advertised itself as the "world's largest" R.V. dealer. The motor home that was the subject of the lawsuit had undergone two pre-delivery inspections and several walk-through inspections before the sale to the Cataldos. It came with a thirty-day limited warranty. The conrtract specifically excluded all other warranties. The accident that led to Mr. Cotaldo's death occurred when he went to turn on the lights of the motor home while opening the door to let his mother in, but inadvertently hit a switch that caused the steps to fully or partially retract. He later stepped through the door and fell, sustaining injuries which resulted in his death approximately a month later. The district court of appeal declined "to extend strict liability to those who do business in used motor vehicles." The court certified the following issue to the Florida Supreme Court as a question of great public importance: "Can a Florida court impose strict liablity on the seller of a used and reconditioned motor vehicle that is defectively designed and unreasonably dangerous?" |West|

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