Hartford Ins. v. Crystal Motor Car

Full title: THE HARTFORD INSURANCE COMPANY OF THE MIDWEST, INC. ETC., APPELLANT, v…

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 16, 1989

552 So. 2d 307 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2413.

November 16, 1989.

Appeal from the Circuit Court for Citrus County; William F. Edwards, Judge.

Herbert R. Kraft, Tallahassee, for appellant.

Jacqueline H. Dowd of Rumberger, Kirk, Caldwell, Cabaniss, Burke Wechsler, A Professional Ass'n, Orlando, for appellee General Motors Corp.

Darlene Stosik of Haas, Boehm, Brown, Rigdon, Seacrest Fischer, P.A., Ocala, for appellee Crystal Motor Car Co.

PER CURIAM.

The Hartford Insurance Company of the Midwest, Inc. (Hartford) appeals the dismissal with prejudice of its subrogation action against General Motors Corp. and Crystal Motor Car Company, Inc. We affirm the dismissal of all counts, save one. Count III states a cause of action for a design defect against both General Motors, Inc., the alleged manufacturer of the vehicle, and Crystal, the alleged authorized General Motors dealer who sold the vehicle to Hartford's insured. See Ford Motor Co. v. Hill, 404 So.2d 1049 (Fla. 1981).

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

DAUKSCH, COWART and GOSHORN, JJ., concur.