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DAIMLERCHRYSLER CORP. v. HURST

No. 3D06-2593.

949 So.2d 279 (2007)

DAIMLERCHRYSLER CORPORATION, Petitioner, v. Beatrice HURST, as Personal Representative of the Estate of Kenneth Hurst, et al., Respondents.

District Court of Appeal of Florida, Third District.

February 7, 2007.

Attorney(s) appearing for the Case

Bell & Melamed and Jeffrey M. Bell, Fort Lauderdale, for petitioner.

David M. Lipman and Rebecca S. Shull and Marisol Estevez, Miami; Jonathan Ruckdeschel, Maryland, for respondents.

Ullman, Bursa, Hoffman & Ragano and Daniel S. Green; Fowler, White, Boggs & Banker and Tracy Raffles Gunn, Tampa, for Florida Defense Lawyers Association, as amicus curiae.

Shook, Hardy & Bacon and Frank Cruz-Alvarez, Miami, for The Associated Industries of Florida, American Insurance Association, Chamber of Commerce of the United States of America, American Tort Reform Association, American Chemistry Council, and National Association of Manufacturers, as amicus curiae.

Before WELLS, SUAREZ, and ROTHENBERG, JJ.

ROTHENBERG, Judge.

The defendant, DaimlerChrysler Corporation ("DCC"), sought dismissal in the trial court of the plaintiffs' asbestos claim based upon the plaintiffs' failure to satisfy the "prima facie" requirement under section 774.204(3) of the Asbestos and Silica Compensation Fairness Act ("the Act"). The trial court denied DCC's motion, finding section 774.201, et seq., Florida Statutes (2005), "unconstitutionally retroactive as applied" to the plaintiffs, Beatrice...

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