Richard Langlois v. Lowes

William G. Hyland Jr. (Central FL/Deland) (Defective Product/Product liability) obtained a Dismissal with Prejudice in State Court, Volusia County, in the products liability matter of Richard Langlois v. Lowes.  The Plaintiff alleged that Lowes installed a defective dishwasher in 2012 (with service in 2015) that caused extensive property damage to his kitchen and house, in excess of $7000. The Defense filed a Motion to Dismiss based on the statute of Limitations FS 95. 11, as the cause of action had run over four years in negligence, and had also run under any breach of contact action, with a five year statute of limitations. The defense cited the case of Medical Jet, S.A. v. Signature Flight Support-Palm Beach, Inc., 941 So.2d 576 (2006), which held that for a breach of contract action, it is well established that a statute of limitations “runs from the time of the breach, although no damage occurs until later.” 18 Richard A. Lord, Williston on Contracts § 2021A (3d ed. 1978). Florida has followed this general rule that a cause of action for breach of contract accrues at the time of the breach, “not from the time when consequential damages result or become ascertained.” Fradley v. County of Dade, 187 So.2d 48, 49 (Fla. 3d DCA 1966); see Meyer v. Roth, 189 So.2d 515 (Fla. 3d DCA 1966). This court cited Fradley and Meyer with approval in Dovenmuehle, Inc. v. Lawyers Title Ins. Corp., 478 So.2d 423, 424 (Fla. 4th DCA 1985).  The Court agreed with defense counsel and granted the Defendant’s Motion to Dismiss with prejudice, and reserved ruling on attorney fees and costs.