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DOWD v. STAR MFG. CO.

No. 79-1544.

385 So.2d 179 (1980)

Donald J. DOWD, d/b/a Lums Restaurant, Individually, and Donald J. Dowd, d/b/a Lums Restaurant, Francis Naughton, Elaine Naughton, Thomas Seay and Ruth Seay, f/u/b/o Centennial Insurance Company, Appellants, v. STAR MANUFACTURING COMPANY, a Division of Peabody Galion Corp., a Foreign Corporation, and Hartford Accident & Indemnity Company, Appellees.

District Court of Appeal of Florida, Third District.

July 8, 1980.

Attorney(s) appearing for the Case

Harold C. Knecht, Jr. and David A. Crowley, Miami, for appellants.

Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy and Richard A. Sherman, Miami, for appellees.

Before SCHWARTZ and DANIEL PEARSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

DANIEL PEARSON, Judge.

In July 1974, a Lums Restaurant in Marathon, Monroe County, Florida, owned by Dowd, was totally destroyed by a fire that originated in a Fryolator (deep fat fryer) manufactured by Star Manufacturing Company. Dowd (and his insurer) sued Star (and its insurer) for damages. The gravamen of Dowd's complaint was that Star's Fryolator did not contain, but should have contained, a safety device which would cut off the electric current in the event...

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