BENOIT, INC. v. DIST. BD. OF TRUSTEES

No. 83-860.

463 So.2d 1260 (1984)

BENOIT, INC., a Minnesota Corporation, Appellant/Cross-Appellee, v. DISTRICT BOARD OF TRUSTEES OF ST. JOHNS RIVER COMMUNITY COLLEGE OF FLORIDA and Giffen Roofing Company of Jacksonville, a Florida Corporation, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Fifth District.

On Rehearing February 14, 1985.


Attorney(s) appearing for the Case

Jon D. White of Jones & Langdon, P.A., Gainesville, for appellant/cross-appellee.

Joe C. Miller, II of Miller, Shine & Traynor, P.A., Palatka, and Richard J. Geisert, Jacksonville, for appellees/cross-appellants.


SHARP, Judge.

We reverse a judgment imposing liability on Benoit, Inc. (Benoit), for a defective roof on a building owned by St. Johns River Community College of Florida (St. Johns). The roof was constructed in 1977 pursuant to the Benoit System. At the jury trial, St. Johns proved that Benoit failed to warn users of its system not to combine its moisture barrier materials with asbestos because the asbestos would crack, thereby causing the roof to leak.

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