Laverne Penton v. State Florida

This is a products liability case brought by plaintiff-appellant in a wrongful death action on a theory of negligence. The cause was originally instituted against the manufacturer, defendant below and appellee here, and the retailer, Joseph L. Rozier Machinery Co. Summary judgment was entered in favor of the retailer, Rozier, and affirmed on appeal to this court in an opinion written by Judge White. Williams v. Joseph L. Rozier Machinery Co., Fla.App.1961, 135 So.2d 763. Whereupon the cause proceeded on the fourth amended complaint and answer thereto against appellee manufacturer. Upon consideration of the voluminous pleadings, admissions, answers to interrogatories, exhibits and depositions on file, the lower court determined that there was no genuine issue as to any material fact and entered summary final judgment in favor of defendant-manufacturer. On appeal, plaintiff assigns this ruling as error.