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IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR SAINT LUCIE COUNTY. CIVIL ACTION
- CASE NO. 78-512 CA
FAVIAN LEE BROWN PICANO, and
JOHN PIGANO, her husband,
Plaintiffs,
vs.
MURPHY MILLER, INC., etc.,
et al.,
Defendants.
ORDER ON PLASTIC INDUSTRIES, INC.'S MOTION
. TO DISMISS FIFTH AMENDED COMPLAINT, MOTION
TO QUASH SERVICE OF PROCESS, AND MOTION TO
DISMISS SECOND AMENDED CROSSCLAIM OF MURPHY
MILLER, INC. AND KROEHLER MANUFACTURING CO.
THESE MATTERS having come on to be heard upon the Defendant,
PLASTIC INDUSTRIES, INC.'s, Motions to Dismiss Fifth Amended Complaint,
Motion to Quash Service of Process, and Motion to Dismiss Second Amend-
ed Crossclaim of MURPHY MILLER, INC. and KROEHLER MANUFACTURING COMPANY,
argument of counsel having been heard, and the Court having been fully
advised in the premises, the Court finds the following:
The issue presented at this hearing arises out of a Fifth
Amended Complaint filed by the Plaintiffs against all of the Defendants
alleging jurisdiction and alleging several counts of negligence, strict .
liability and warranty against the various Defendants for injuries suf-
fered by FAVIAN LEE BROWN PICANO when a chair in which she was sitting
collapsed, and resulted in her receiving bodily injuries.. It is alleged
that the base of the chair which collapsed was manufactured by PLASTIC
INDUSTRIES, INC. and sold to MURPHY MILLER, INC., who manufactured the
rest of the chair and assembled the base unto the chair, and sold and
distributed the chair to HALSEY AND GRIFFITH, INC., which was the ulti-
mate retail outlet, which sold the chair to a bank where Mrs. Picano
was employed at the time of the accident.
The Court has given great consideration to this entire juris-
dictional issue, and had entered an Order on April 23, 1980 'based on
the Plaintiffs' Fourth Amended Complaint, and the information which was
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