Coulson v. DeAngelo, 493 So. 2d 98 (Fla. 4th DCA 1986). · Go Syfert
Search
Coulson v. DeAngelo, 493 So. 2d 98 (Fla. 4th DCA 1986). Cases Citing This Book View Copy Cite
17 citation events (5 in the last 25 years) across 6 distinct courts.
Strongest positive: LEGGETT GROUP, INC. v. Davis (fladistctapp, 2007-10-10)
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (rule) LEGGETT GROUP, INC. v. Davis
Fla. Dist. Ct. App. · 2007 · confidence medium
We applied the principles of comment i in Coulson v. DeAngelo, 493 So.2d 98, 99 (Fla. 4th DCA 1986), a case involving a handgun "solely used for the commission of criminal acts." We affirmed a dismissal of the plaintiff's section 402A claim for failure to state a cause of action, recognizing that the "essence of the doctrine of strict liability for a defective condition is that the product reaches the consumer with something `wrong' with it." Id.
discussed Cited as authority (rule) Grunow v. Valor Corp. of Florida
Fla. Dist. Ct. App. · 2005 · confidence medium
However, Grunow's primary manner of persuasion is to distinguish the cases which are contrary to her position, primarily Coulson v. DeAngelo, 493 So.2d 98, 99 (Fla. 4th DCA 1986), Trespalacios v. Valor Corp. of Florida, 486 So.2d 649 (Fla. 3d DCA 1986) and Shipman v. Jennings Firearms, Inc., 791 F.2d 1532 (11th Cir. 1986).
discussed Cited as authority (rule) Penelas v. Arms Technology, Inc.
Fla. Dist. Ct. App. · 2001 · confidence medium
As to the contention that the appellees or some of them are engaged in an ultra hazardous activity for which they should be held liable, the Fourth District Court of Appeal concluded in Coulson v. DeAngelo, 493 So.2d 98, 99 (Fla. 4th DCA 1986): "[T]he complaint alleged that the manufacturer should be held strictly liable for engaging in an ultra hazardous activity.... [L]iability under the doctrine is generally imposed where a defendant engages in an activity which involves a risk of serious harm.
discussed Cited as authority (rule) Tanya Copier, Deceased, by and Through Bree Renee Lindsey, Her Personal Representative v. Smith & Wesson Corp.
10th Cir. · 1998 · confidence medium
Industries, Inc., 789 F.2d 1326, 1328 (9th Cir.1986) (rejecting strict liability claim against handgun manufacturer because manufacture of handguns is not ultra-hazardous activity; harm results from use, not existence, of handgun); Coulson v. DeAngelo, 493 So.2d 98, 99 (Fla.Dist.Ct.App. 1986) (per curiam) (same); Burkett v. Freedom Arms, Inc., 299 Or. 551 , 704 P.2d 118, 121 (1985) (same); Perkins v. F.I.E.
discussed Cited as authority (rule) Copier v. Smith & Wesson Corp.
10th Cir. · 1998 · confidence medium
Industries, Inc., 789 F.2d 1326, 1328 (9th Cir. 1986) (rejecting strict liability claim against handgun manufacturer because manufacture of handguns is not ultra-hazardous activity; harm results from use, not existence, of handgun); Coulson v. DeAngelo, 493 So.2d 98, 99 (Fla. Dist.
discussed Cited as authority (rule) Delahanty v. Hinckley
D.C. · 1989 · confidence medium
See Caveny v. Raven Arms Co., 665 F.Supp. 530, 532-33 (S.D.Ohio 1987), aff'd, 849 F.2d 608 (6th Cir.1988); Armijo v. Ex Cam, Inc., 656 F.Supp. 771, 773 (D.N.M.1987), aff 'd, 843 F.2d 406 (10th Cir.1988); Coulson v. DeAngelo, 493 So.2d 98, 99 (Fla.Dist.Ct.App.1986); Riordan v. International Armament Corp., 132 Ill.App.3d 642, 649-51 , 87 Ill.Dec. 765, 769-70 , 477 N.E.2d 1293, 1298-99 (1985); Kelley, 497 A.2d at 1147-50 ; Richardson v. Holland, 741 S.W.2d 751, 753-54 (Mo.Ct.App.1987).
cited Cited "see" Knott v. Liberty Jewelry & Loan, Inc.
Wash. Ct. App. · 1988 · signal: see · confidence high
See Coulson v. DeAngelo, 493 So. 2d 98 (Fla. Dist.
James T. COULSON, Appellant,
v.
Anthony DeANGELO, et al., Appellees.
85-1790.
District Court of Appeal of Florida, Fourth District.
Sep 10, 1986.
493 So. 2d 98
Per Curiam.
Cited by 10 opinions  |  Published

[*99] Peter Mineo, Jr. and Angelo Marino, Jr., Fort Lauderdale, for appellant.

James B. Hamlin and Delissa A. Ridgway of Shaw, Pittman, Potts & Trowbridge, Washington, D.C., and Paul C. Huck of Fleming & Huck, Miami, for appellee Intern. Armament Corp.

PER CURIAM.

Affirmed. We reject the appellant's contention that the trial court erred in dismissing his claims against a gun manufacturer for failure to state a cause of action. Trespalacios v. Valor Corporation of Florida, 486 So.2d 649 (Fla. 3d DCA 1986).

The complaint alleged that the International Armament Corporation was strictly liable because a gun which it manufactured, and which was used to injure the plaintiff, could not be used for any legitimate purpose and was solely used for the commission of criminal acts. The plaintiff alleged that this made the gun a defective product and that the manufacturer should be held strictly liable. This concept has been consistently rejected. The essence of the doctrine of strict liability for a defective condition is that the product reaches the consumer with something "wrong" with it. In contrast the plaintiff alleged that it was the use of the gun that made it defective, not that it malfunctioned or had a faulty design.

Additionally the complaint alleged that the manufacturer should be held strictly liable for engaging in an ultrahazardous activity. This doctrine has never been applied in Florida in circumstances such as these and liability under the doctrine is generally imposed where a defendant engages in an activity which necessarily involves a risk of serious harm. The plaintiff did not allege that the act of manufacturing the gun was abnormally dangerous; instead, he alleged that the use of the completed product by others was unusually dangerous. Thus, the trial court correctly dismissed this count of complaint.

The only case to adopt a new theory of liability which holds a manufacturer of a "Saturday Night Special" strictly liable to innocent persons who are injured by the criminal use of a gun is Kelley v. R.G. Industries, Inc., 497 A.2d 1143 (Md. 1985). But even the Maryland court rejected the arguments that a manufacturer could be held strictly liable under traditional theories of liability.

HERSEY, C.J. and ANSTEAD and DELL, JJ., concur.