Bernard v. Kee Manufacturing Co.

409 So. 2d 1047 (1982)

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Bernard v. Kee Manufacturing Co.

Florida Supreme Court
409 So. 2d 1047 (1982)

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Facts

In 1972, the owner of Kee Manufacturing Company (predecessor) sold the company to new owners and quit the business. The new owners continued the predecessor’s operations under a new name, Kee Manufacturing Company, Inc. (successor) (defendant). The acquisition agreement did not obligate the successor to assume any of the predecessor’s liabilities or obligations. In 1976, James Bernard Jr. (plaintiff) suffered injuries while using a lawnmower manufactured in 1967 by the predecessor. Bernard sued the successor in state court for negligence. The trial court dismissed Bernard’s suit, and the intermediate appellate court affirmed that judgment. Bernard appealed to the Florida Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Sundberg, C.J.)

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