Supreme Court of Florida

American Optical Corporation, Appellants-Petitioners v. Walter R. Spiewak, Appellees-Respondents a — Canady, J…

July 8, 201173 So. 3d 120

Summary

Chief Justice Canady dissented from the majority's conclusion that applying the Asbestos and Silica Compensation Fairness Act impaired vested rights. The dissent reasoned that Florida law had not established a cause of action for asbestos exposure without impairment of health, and that general tort principles require detrimental physical impairment for a cognizable injury. The dissent would reverse the Fourth District Court's decision.