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GORDON v. STATE

No. 78638.

608 So.2d 800 (1992)

Harvey GORDON, Petitioner, v. STATE of Florida, et al., Respondents.

Supreme Court of Florida.

November 12, 1992.

Attorney(s) appearing for the Case

Bernard B. Weksler of the Law Offices of Bernard B. Weksler, Coral Gables, John Beranek of Aurell, Radey, Hinkle & Thomas, Tallahassee, Florida; and Walter G. Campbell of Krupnick, Campbell, Malone & Roselli, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen., and Craig B. Willis, Asst. Atty. Gen., Tallahassee, and Yvette Rhodes Prescott of Peters, Pickle, Niemoeller, Robertson, Lax & Parsons, Miami, for respondents.

Roy D. Wasson, Miami, amicus curiae, for The Academy of Florida Trial Lawyers.

Jack W. Shaw, Jr. of Osborne, McNatt, Shaw, O'Hara, Brown & Obringer, Jacksonville, amicus curiae, for Florida Defense Lawyers Ass'n.

Edward T. O'Donnell of Herzfeld and Rubin, Miami, amicus curiae, for Product Liability Advisory Council, Inc.

PER CURIAM.

We review a question certified to be of great public importance: whether subsection 768.73(2)(b), Florida Statutes (Supplement 1986), is constitutional. Gordon v. State, 585 So.2d 1033, 1038 n. 13 (Fla. 3d DCA 1991). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Harvey Gordon was falsely imprisoned and battered by employees of K-Mart Corporation in an incident in one of its stores on February...

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