RICH ELECTRONICS, INC. v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO.

No. 87-801.

523 So.2d 670 (1988)

RICH ELECTRONICS, INC. and Rich Electronics International, Inc., Appellants, v. SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 6, 1988.


Attorney(s) appearing for the Case

R. Stuart Huff, Coral Gables, for appellants.

Lawrence E. Gill; Shutts & Bowen and Phillip G. Newcomm and Maxine M. Long and Robert D. Rosenbloom, Miami, for appellee.

Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

In this appeal we must decide the correct interpretation of the tariff which limits the liability of the phone company for service "irregularities." The interpretation adopted by the trial court is that liability is limited unless it can be shown that the company was guilty of gross negligence or willful misconduct; the interpretation urged by the appellant is that the limitation of liability gives way upon the considerably lesser showing...

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