T.W.M. v. American Medical Systems, Inc.

1 Citing case

  1. Hill v. Hoover Co.

    899 F. Supp. 2d 1259 (N.D. Fla. 2012)   Cited 31 times
    Finding that although plaintiff purchased product from Wal-Mart, a downstream retailer, plaintiff nevertheless "sufficiently alleged that she has conferred a benefit upon the [Hoover Company] by purchasing the Steam Vac manufactured by the [Hoover Company] for a retail price of over two-hundred dollars."

    The Defendants argue that Florida courts uniformly hold that contractual privity between the plaintiff and the defendant is required to maintain both breach of express warranty claims and breach of implied warranty claims, citing Fields v. Mylan Pharmaceuticals, Inc., 751 F.Supp.2d 1257, 1259 (N.D.Fla.2009); T.W.M. v. American Medical Systems, Inc., 886 F.Supp. 842, 844 (N.D.Fla.1995); and O'Connor v. Kawasaki Motors Corp., U.S.A., 699 F.Supp. 1538, 1543–44 (S.D.Fla.1988). Further, the Defendants argue that since the Plaintiff has failed to allege that she purchased the Steam Vac directly from the Defendants, the Plaintiff has failed to plead the requisite element of privity for a breach of express or implied warranty action, and thus such an action should be dismissed.