CASA CLARA CONDOMINIUM ASSOCIATION, INC. V. CHARLEY TOPPINO & SONS, INC.
620 So.2d 1244 (1993)
NATURE OF THE CASE: The Court of Appeal applied for review to determine whether a
homeowner could recover for purely economic losses from a concrete supplier under a
negligence theory, after holding that Casa Clara (P), homeowners, were prevented from
seeking tort damages from Charley (D), concrete supplier, under the economic rule.
FACTS: Casa Clara (P) was a condo association that had the ill fortune of having Charley
Toppino (D) supply concrete to their buildings. The concrete contained too much salt which
in turn caused reinforcing steel inserted into the concrete to rust which in turn caused the
concrete to crack and fall off. Ps sued D for a common law breach of implied warranty,
products liability, negligence and violation of building codes. The circuit court dismissed
all counts. The appeals court held that because no person or property was injured, there was
no cause of action against D in tort. The district court also held that D did not violate
building codes as it was only a supplier.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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