Opinion
No. 91-2919.
October 13, 1992. Rehearing Denied December 8, 1992.
Appeal from the Circuit Court for Dade County, Richard S. Fuller, J.
David M. Lipman, for appellants.
Blaire Cole, Louise H. McMurray, for appellee.
Before SCHWARTZ, C.J., and FERGUSON and GERSTEN, JJ.
The Gallaghers commenced this action for injuries caused by exposure to the appellee's product, on theories of negligence and strict liability. This appeal is brought, after an adverse jury verdict on the negligence count, from a pretrial omnibus order which dismissed the strict liability count. We reverse for a trial on the authority of Beraglia v. Owens-Corning Fiberglass Corp., 606 So.2d 1213 (Fla. 3d DCA 1992), which holds that a plaintiff in an asbestos litigation is entitled to proceed to trial on a strict liability claim so long as the claim does not duplicate the negligence claim.
Reversed and remanded.