
    Nikki COREY, Appellant, v. SUNAR LIMITED, Appellee.
    No. 82-2386.
    District Court of Appeal of Florida, Third District.
    Oct. 18, 1983.
    Rehearing Denied Dec. 9, 1983.
    Gary E. Garbis, Miami, for appellant.
    
      Fowler, White, Burnett, Hurley, Banick & Strickroot and Kathleen M. Williams and A. Blackwell Stieglitz, Miami, for appellee.
    Before BARKDULL, NESBITT and JORGENSON, JJ.
   PER CURIAM.

Affirmed.

JORGENSON, Judge,

dissenting.

I respectfully dissent. This is a products liability case involving a file cabinet which, in deviation from a designed-in safety feature, tipped over and fell onto the plaintiff. The trial court directed a verdict for the defendant on strict liability. In my view this was error. I would adopt the well-reasoned opinion of Judge Ervin in Cassisi v. Maytag Co., 396 So.2d 1140 (Fla. 1st DCA 1981). As Judge Ervin points out, a legal inference sufficient to establish a prima facie case for jury consideration of strict liability arises when a product malfunctions during normal operation. The plaintiff asserted such a defect and was entitled to have a jury consider that issue. I would therefore reverse and remand for further proceedings consistent with the rule delineated in Cassisi.  