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Lily-Tulip Cup Corp. v. Bernstein

Supreme Court of Florida
Jan 12, 1966
181 So. 2d 641 (Fla. 1966)

Summary

In Lily-Tulip, plaintiff, while a patient in a hospital was served a hot drink in a paper cup manufactured by the defendant company.

Summary of this case from Mattes v. Coca Cola Bottling Co.

Opinion

No. 34682.

January 12, 1966.

Appeal from the Circuit Court, Dade County.

Blackwell, Walker Gray and James E. Tribble, Miami, for petitioner.

Thomas J. Gaine, Miami, for respondents.


The case sub judice comes to this Court on a petition for certiorari based on a question certified to be of great public interest by the Court of Appeal, Third District. We must decide whether privity of contract is required to support an action by a consumer against a manufacturer for breach of implied warranty of a product that is neither a dangerous instrumentality nor a foodstuff.

In the decision under review the District Court held that privity is not an essential element of the cause of action. Bernstein v. Lily-Tulip Cup Corporation, Fla.App. 1965, 177 So.2d 362.

We have carefully reviewed the opinion submitted to us. It is in accord with the law of this jurisdiction. We, therefore, approve the opinion of the District Court in all respects. The writ is discharged.

It is so ordered.

THORNAL, C.J., and THOMAS, O'CONNELL and ERVIN, JJ., concur.

ROBERTS and CALDWELL, JJ., dissent.

DREW, J., heard argument but did not participate in decision.


Summaries of

Lily-Tulip Cup Corp. v. Bernstein

Supreme Court of Florida
Jan 12, 1966
181 So. 2d 641 (Fla. 1966)

In Lily-Tulip, plaintiff, while a patient in a hospital was served a hot drink in a paper cup manufactured by the defendant company.

Summary of this case from Mattes v. Coca Cola Bottling Co.

In Lily-Tulip Cup Corporation v. Bernstein, 181 So.2d 641 (1966), the Supreme Court of Florida stated that the question before it for decision was "whether privity of contract is required to support an action by a consumer against a manufacturer for breach of implied warranty of a product that is neither a dangerous instrumentality nor a foodstuff."

Summary of this case from Gay v. Kelly
Case details for

Lily-Tulip Cup Corp. v. Bernstein

Case Details

Full title:LILY-TULIP CUP CORPORATION, A DELAWARE CORPORATION, PETITIONER, v. ROBERTA…

Court:Supreme Court of Florida

Date published: Jan 12, 1966

Citations

181 So. 2d 641 (Fla. 1966)

Citing Cases

Barfield v. United States Rubber Co.

However, the court noted that "the forward trend in the area of products liability cast [sic] considerable…

Gay v. Kelly

Until 1965, when the Bernstein case, discussed below, was decided by the Florida Supreme Court, however, the…