2 Fla. L. Weekly Supp. 508a
Insurance — Subrogation — Torts — Product liability — Trial court properly dismissed insurer’s action against manufacturer of boat engine’s replacement shifting lever in which insurer claimed damages to boat itself, but did not claim damages to other property or for personal injury — Party cannot prevail in case where failure of individual component damages only the overall product of which the defective product was a part
UNITED SERVICES AUTOMOBILE ASSOCIATION as subrogee of Richard Berger, Appellant vs. SEABOARD MARINE, INC. and RON GOLDBERG, individually and d/b/a SEABOARD MARINE, Appellees. 11th Judicial Circuit in and for Dade County, Appellate Division. Case No. 94-081 AP. Opinion filed October 07, 1994. An appeal from the County Court, Dade County, Lauren Levy Miller, Judge. Counsel: Robert Urich, for Appellant. William Bromagen, for Appellee.
(Before SALMON, CARDONNE, HUBBART, JJ.)
(SALMON, J.) Appellant United Services Automobile Association (“USAA”) filed this appeal after Appellee Seaboard Marine, Inc.’s (“Seaboard Marine”) motion to dismiss Appellant’s complaint was granted. We conclude that the motion to dismiss was properly granted and that the County Court’s decision should be affirmed.
Appellant USAA, an insurer of a boat owned by Richard Berger, brought forth this subrogation action for damages sustained by the boat after a collision with a pier. USAA alleged that Seaboard Marine manufactured a replacement shifting lever for the boat’s engine which failed and thus caused the collision. USAA based its complaint on claims for negligence and strict liability. USAA did not make a claim for either damage to the pier or for injuries to Richard Berger, the operator of the boat.
Seaboard Marine responded by filing a motion to dismiss based on the findings of the Florida Supreme Court in Casa Clara Condominium Assoc. v. Charlie Toppino and Sons, Inc., 620 So. 2d 1244 (Fla. 1993). In this case the Court held that a party can not prevail in cases where the failure of an individual component damages only the overall product of which the defective component is a part. Recovery is allowed only for damage to other property or for personal injury. In the instant case, damage was sustained only by the boat of which the component was a part.
USAA argues that the defective shifting lever is a component of the boat’s engine and not of the boat in general. Thus, the damage sustained by the boat in the collision falls under the other property exception as stated in Casa Clara. We do not agree. See also American Universal Ins. v. GMC, 578 So.2d 451 (Fla. 1st DCA 1991).
Affirmed. (CARDONNE, J., Concurs. HUBBART, J., recuses himself.)
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