CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 15 U.C.C. Rep. Serv. (West) 375
...In the proper case, a defect can be inferred from the fact that a new product performs in such a manner as to preclude any other reasonable inference which would suggest that the product was not defective. [7] *710 As stated in 2 Harper and James, The Law of Torts, § 28.12, "For example, if injury can be traced to a break or collapse of a structure or a machine and the evidence also shows that the article was being put to its ordinary use in the ordinary way when it failed, it is reasonable to attribute its fa...
CopyPublished | Florida 2nd District Court of Appeal | 2009 WL 3012705
...ion divesting the Clerk of the duties specified in this constitutional provision. As is the case with other state and county officers, the powers and duties of the clerk of the circuit court “shall be fixed by law.” Art. II, § 5(c), Fla. Const. Section 28.12, Florida Statutes (2007), provides that the “clerk of the circuit court shall be clerk and accountant of the board of county commissioners,” and that the Clerk “shall keep the minutes and accounts and perform such other duties as...
CopyPublished | Court of Appeals for the Eleventh Circuit
See Daniel’s Georgia Criminal Trial Practice § 28-12 (2011–2012 ed.) (noting that “[t]he usual ground
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19059
...er its source, the employee at that instance has the option of undertaking a rescue that is in his employer’s interest or not undertaking it. If he undertakes it, he has embarked upon a service that is impliedly authorized by the employer. Larson, § 28.12 at 5-330....
