Opinion
Nos. 79-841, 79-1175 and 79-1206.
December 9, 1980.
Appeal from the Circuit Court for Dade County, Edward S. Klein, J.
Blackwell, Walker, Gray, Powers, Flick Hoehl and James E. Tribble, Miami, for Lionel Leisure.
Adams Ward and James W. Kaufman, Miami, for Coleco.
Pattillo, MacKay McKeever and L. Edward McClellan, Jr., Ocala, for Lanham.
Before HENDRY, SCHWARTZ and NESBITT, JJ.
The trial court properly refused appellant's requested strict liability instruction. See Skaggs v. Clairol, Inc., 6 Cal.App.3d 1, 85 Cal.Rptr. 584 (Ct.App. 1970). In so ruling, we reject appellant's claim that appellee's sale of the pool and slide as a unit constituted sale of a "product in a defective condition unreasonably dangerous to the user. . . ."
The remarks made by counsel and the bench, if error, were harmless.
Affirmed.
I would not reach the question of the applicability vel non of the strict liability doctrine, because the fact that the jury was charged on both negligence and breach of warranty rendered the failure to give the plaintiff's requested strict liability instruction no more than harmless error. Sansing v. Firestone Tire Rubber Co., 354 So.2d 895 (Fla.4th DCA 1978), cert. denied, 360 So.2d 1250 (Fla. 1978). I otherwise agree to affirmance.