Opinion
No. 92-0513.
May 12, 1993. Rehearing, Rehearing En Banc and Certification Denied August 16, 1993.
Appeal from the Circuit Court for Broward County, Leonard Stafford, J.
Lawrence J. Bohannon of Lawrence J. Bohannon, P.A., Fort Lauderdale, and Keith E. Hope of Law Offices of Keith Hope, Miami, for appellants.
G. William Bissett of Hardy Bissett, P.A., Miami, and Cohen Cohen, P.A., Hollywood, for appellee.
We have considered all of appellants' points and conclude that the trial court's failure to instruct the jury on strict liability and express warranty was harmful error. See Cornette v. Spalding Evenflo Companies, 608 So.2d 144 (Fla. 4th DCA 1992), rev. denied, 617 So.2d 321 (Fla. 1993); Orange County v. Piper, 523 So.2d 196 (Fla. 5th DCA), rev. denied, 531 So.2d 1354 (Fla. 1988). Accordingly, we reverse and remand for new trial on all issues.
The trial court did not have the benefit of Cornette, decided after proceedings before it.
Another matter requires brief discussion, namely, the trial court's permitting an expert witness to sit at counsel table throughout trial after the individual had been introduced as appellee's corporate representative. Said individual, as reflected by the record, was neither an officer nor an employee of appellee, and section 90.616(2)(b), Florida Statutes (1991), clearly provides that in civil cases, the representative of a party that is not a natural person must be an officer or employee to prevent exclusion.
GLICKSTEIN, C.J., and WARNER and FARMER, JJ., concur.