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High v. Westinghouse Electric Corp.

Supreme Court of Florida
610 So. 2d 1259 (1992)


Facts

Westinghouse Electric Corporation (Westinghouse) (defendant) manufactured electrical transformers. To make its transformers, Westinghouse bought products from Monsanto that contained polychlorinated biphenyls (PCBs). Westinghouse sold the transformers to Florida Power and Light Company (FPL). After the transformers wore out, FPL sold the transformers for scrap to Pepper’s Steel and Alloys (Pepper’s). In 1972, Monsanto informed Westinghouse that PCBs were not biodegradable and could be harmful to humans who were subjected to certain levels of the chemicals. In 1976, Westinghouse informed FPL that the transformers contained PCBs. Willie High (plaintiff) was a truck driver for Pepper’s from 1965 to 1983. High loaded and transported many of the transformers manufactured by Westinghouse. High began suffering from mental and physical health problems. High brought a products-liability suit against Westinghouse on theories of strict liability and negligence. The trial court granted Westinghouse summary judgment. The District Court of Appeal of Florida affirmed. High appealed.

Rule of Law

Issue

Holding and Reasoning (Overton, J.)

Concurrence/Dissent (Kogan, J.)

Concurrence/Dissent (Barkett, J.)

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