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HIGH v. WESTINGHOUSE ELEC. CORP.
610 So.2d 1259 (1992)
Willie J. HIGH, et al., Petitioners,
v.
WESTINGHOUSE ELECTRIC CORP., et al., Respondents.
No. 75991.
Supreme Court of Florida.
June 11, 1992.
Rehearing Denied January 7, 1993.
Rehearing Stricken February 5, 1993.
Paul A. Louis and Frank Nussbaum of Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A., Miami, on behalf of Willie High, and Norman A. Coll of Coll, Davidson, Carter, Smith, Salter & Barkett, P.A., Miami, on behalf of Florida Power & Light Co., for petitioners.
R. Benjamine Reid and Paul L. Nettleton of Popham, Haik, Schnobrich & Kaufman, Ltd., Miami, for respondents.
John W. Wilcox and J. Douglas Baldridge of Rudnick & Wolfe, Tampa, amicus curiae for Thomas Curtis, William U. Payne, Flora Payne and Lowell Payne.
We have for review High v. Westinghouse Electric Corp.,559 So.2d 227 (Fla. 3d DCA 1989), in which the district court affirmed the trial court summary judgment, holding that Westinghouse, as the manufacturer of electrical transformers, is not liable to an employee of a scrap metal salvage business for injuries allegedly sustained from a hazardous fluid that was released in dismantling transformers in the scrapping process. The district court then certified that "the within question passes upon one of great public importance within the meaning of article V, section 3(b)(4), Florida Constitution." Id. at 229 n. 2.1 While we approve the district court's decision on the question of strict liability, we find that there remains an issue of fact on the question of negligence. Consequently, we quash in part the decision of the district court of appeal and remand this case for further proceedings. The relevant facts in the record are as follows. Westinghouse manufactured electrical transformers and sold them to Florida Power and Light Company (FPL). From 1967 to 1983, FPL sold its electrical transformers for junk to Pepper's Steel and Alloys (Pepper's), a scrap metal salvage business. To manufacture the electrical transformers sold to FPL, Westinghouse purchased products from Monsanto, a manufacturer of polychlorinated biphenyls (PCBs). In a January 15, 1972, letter and indemnification agreement from Westinghouse to Monsanto, Westinghouse acknowledged that Monsanto had notified Westinghouse that the PCBs used in its products tended to persist in the environment; that care was required in their handling, possession, use, and disposition; and that tolerance limits had been or were being established for PCBs in various food products.2 In 1976, Westinghouse wrote a letter to its utility company customers, including FPL, disclosing the potential existence of PCBs in their transformers. In that letter, Westinghouse informed them that some oil-filled transformers had been contaminated with PCBs in the manufacturing process. Westinghouse's letter suggested that when performing repairs, routine maintenance, or disposal, all oil-filled transformers should be checked for the presence of PCBs.3 Studies of humans exposed to PCBs have shown numerous adverse effects, including but not limited to chloracne and other epidermal disorders, digestive disturbances, jaundice, impotence, throat and respiratory irritations, and severe headaches. It is undisputed that none of the junk transformers that FPL sold to Pepper's contained any labels, markings, or warnings of any kind that the transformers contained PCBs or that the contents might be hazardous to human health. Willie J. High was the main truck driver for Pepper's from 1965 to 1983. As part of his duties, he picked up aluminum wire, cable, and other scrap metal. He also picked up transformers from FPL in Miami and other cities around Florida. As part of his job, High loaded and unloaded the transformers onto Pepper's truck with a forklift. Specifically, he hooked and unhooked the forklift cables. During this
process, he came into contact with the PCB-contaminated transformer oil. In 1975, the Dade County Department of Environmental Resource Management (DERM) cited Pepper's for a number of environmental ordinance violations. In 1983, DERM, the State of Florida Environmental Regulation Department, and the Environmental Protection Agency (EPA) determined that Pepper's property was sufficiently contaminated with oil containing PCBs to justify commencement of federal, state, and county legal actions against FPL, Pepper's, and the owners of adjacent properties for violating county, state, and federal ordinances and laws and to demand a cleanup of the site by FPL. As a result of the media coverage given the DERM and EPA actions, High became aware that he had been exposed to PCBs while employed at Pepper's and that some of his physical and mental problems might be attributed to this exposure. Consequently, on July 9, 1983, High brought this action under strict liability and negligence theories. The trial court granted Westinghouse's motion for summary judgment, holding as a matter of law that the ultimate disposal of the transformer was not foreseeable to the manufacturer as a reasonably intended "use." On appeal, the district court of appeal, in a split decision, affirmed. In explaining why strict liability under section 402A of the Restatement (Second) of Torts (1965) is not applicable, the district court stated:
1. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. 2. In the letter and indemnity agreement, Westinghouse agreed to indemnify and hold harmless Monsanto from Westinghouse's use of PCBs purchased from Monsanto. We note that Judge Ferguson, in his dissent in High v. Westinghouse Electric Corp.,559 So.2d 227, 230 n. 4 (Fla.3d DCA 1989) (Ferguson, J., dissenting), stated:
The dielectric fluid or oils containing PCBs were purchased from Monsanto Corporation. In early 1970 Monsanto notified transformer manufacturers, including Westinghouse, of the dangerous, toxic propensities of the PCBs used in electrical transformers. The record contains a Letter and Indemnity Agreement dated January 15, 1972, between Monsanto and Westinghouse, obligating Monsanto to pay for damages which Westinghouse might be required to pay in the event of any injury caused by the PCBs. Westinghouse disputes that this agreement acknowledged notice that the mineral oil transformers at issue contained PCBs. 3. The pertinent portion of the letter read as follows: "In addition, when performing repair, routine maintenance or disposal, oil-filled transformers should be checked for the presence of PCBs. We also suggest that you check your own transformer oil storage and handling systems for possible presence of PCBs." 4. Tampa Drug Co. v. Wait,103 So.2d 603 (Fla. 1958); Advance Chem. Co. v. Harter,478 So.2d 444 (Fla. 1st DCA 1985), review denied, 488 So.2d 829 (Fla. 1986); Mathis v. National Lab.,355 So.2d 117 (Fla. 3d DCA 1978).
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