HomeMy WebLinkAbout0867 2. PLASTIC INDUSTRIES, INC., from 1970 to 1973 sold
to MURPHY MILLER, INC. over 100,000 plastic bases
similar to the ose involved in the present case, and
that PLASTIC INDUSTRIES, INC. knew or should have
known that MURPHY MILLER, INC., a major manufacturer
of home and office furniture, and a nationwide dis-
tributor of said furniture, would be affixing plastic
bases onto its secretarial chairs, and distributing
said chairs throughout the United States to its whole-
salers and distributors, including wholesalers and
distributors in the State of Florida, and has made
profits therefrom.
3. That while there have been sales of merchandise
by PLASTIC INDUSTRIES, INC. to customers located in
the State of Florida, said sales being made by tele-
phone or letter from the customer or representative
directly to the Defendant's plant in Athens, Tennessee,
no solicitation of this business was ever undertaken.
The gross volume in dollars of such business for the
years 1977 to 1978 was about $41,033.31, and for the
years 1978 to 1979 was about $48,645.21. This busi-
ness consisted of the sale of furniture legs, mattress
corner guards, and chair side arms.
4. The Court finds and acknowledges that on January
1, 1976, the Defendant, MURPHY MILLER, INC., and the
Defendant, PLASTIC INDUSTRIES, INC., entered into an
agreement outside the State of Florida where the
parties acknowledged that PLASTIC INDUSTRIES, INC.
had supplied MURPHY MILLER, INC. in excess of 135,000
plastic bases, and acknowledged that certain of said
bases have broken and have been replaced by MURPHY
MILLER, INC., and that PLASTIC INDUSTRIES, INC. agreed
to pay MURPHY MILLER, INC. a certain sum of money for
the broken plastic bases, which included those bases
which had broken and would include any subsequent
broken bases. There was no provision in this agree-
ment excluding any chairs with plastic bases that
PLASTIC INDUSTRIES, INC. knew or should have known
would be sent into the State of Florida.
5. Further, the Court finds that said agreement made
E outside of the State of Florida also stated that
PLASTIC INDUSTRIES, INC. agreed to "defend, ider:~nify,
and hold harmless MURPHY MILLER, INC., its successors
and assigns from and against any and all claims,
actions, liabilities, losses, costs, and expenses
arising out of any actual or alleged death or injury
to persons or property, by whomever suffered result-
ing, or claim to result, in whole or in part, from
any actual or alleged defect in said bases, whether
latent or patent, including actual or alleged improper
construction or design of said bases...." Again,
there was no exclusion for any chairs which PLASTIC
INDUSTRIES, INC. knew or should have known would he
sent into the State of Florida.
6. the Court further finds that PLASTIC INDUSTRIES,
INC. is a Tennessee corporation, not registered to
do business in the State of Florida. PLASTIC hIDUSTRIES,
INC. does not own any property in Florida, does not
maintain any offices, telephone listings, bank accounts,
corporate business records, offices, direct salesmen,
distributors, outlets, or any facilities in the State
of Florida, and that PLASTIC INDUSTRIES, Ir]C. does not
directly advertise in the State of Florida, nor exercise
control over any wholesalers, distributors, manufacturers,
retailers, assemblers; or any commerce in the State of
Florida.
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