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

1 Citing case

  1. Cubbage v. Novartis Pharms. Corp.

    Case No: 5:16-cv-129-Oc-30PRL (M.D. Fla. Jul. 5, 2016)   Cited 4 times
    Finding FLAS satisfied where the defendant distributed product in Florida and plaintiff was injured in Florida

    Pursuant to Florida law, the plaintiff must be in privity of contract to recover under theories of breach of express or implied warranties. T.W.M. v. Am. Med. Sys., Inc., 886 F. Supp. 842, 844 (N.D. Fla. 1995) (citing Kramer v. Piper Aircraft Corp., 520 So. 2d 37 (Fla. 1988); West v. Caterpillar Tractor Co., 336 So. 2d 80 (Fla. 1976)); see also Weiss v. Johansen, 898 So. 2d 1009, 1011 (Fla. 4th DCA 2005) (stating that "in order to recover for the breach of a warranty either express or implied, the plaintiff must be in privity of contract with the defendant"). "A plaintiff who purchases a product, but does not buy it directly from the defendant, is not in privity with that defendant."