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McCONNELL v. UNION CARBIDE CORP.

No. 4D04-4329.

937 So.2d 148 (2006)

William McCONNELL and Elizabeth McConnell, Appellants, v. UNION CARBIDE CORPORATION, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 6, 2006.

Attorney(s) appearing for the Case

James L. Ferraro and David A. Jagolinzer of Ferraro & Associates, P.A., Miami, for appellants.

Natalie S. Whiteman and Lawrie E. Demorest of Alston & Bird, LLP., Atlanta, GA, for appellee.

FARMER, J.

In this asbestosis case, plaintiffs went to trial on their strict liability, failure to warn claim. They requested that the court give the standard products liability jury instructions for failing to warn of serious risk of harm when a dangerously defective product is used as intended. See Fla. Std. Jury Inst. (Civ.) PL4-PL5 (2004) (FSJI). Defendant objected on the grounds that FSJI PL4-PL5 did not apply, contending that Florida law does not recognize...

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