[avi8torny]

I have no info on case law regarding contingencies in Fla. real estate contracts but I do have the notes on the recent decision from the United States District Court, Southwestern District, Tempe, Arizona relating to Case No. B19294, Judge Joan Kujava, Presiding

Wile E. Coyote, Plaintiff vs. Acme Company, Defendant

Opening Statement of Mr. Harold Schoff, attorney for Mr. Coyote, a resident of Arizona and contiguous states, does hereby bring suit for damages against the Acme Company, manufacturer and retail distributor of assorted merchandise, incorporated in Delaware and doing business in every state, district, and territory. Mr. Coyote seeks compensation for personal injuries, loss of business income, and mental suffering caused as a direct result of the actions and/or gross negligence of said company under Title 15 of the United States Code, Chapter 47, section 2072 subsection (a), relating to product liability.

Mr. Coyote states that on eight-five separate occasions he has purchased of the Acme Company (hereinafter, "Defendant"), through that company's mail-order department, certain products which did cause him bodily injury due to defects in manufacture or improper cautionary labeling. Sales slips made out to Mr. Coyote as proof of purchase are at present in the possession of the Court, marked Exhibit A. Such injuries sustained by Mr. Coyote have temporarily restricted his ability to make a living in his profession of predator. Mr. Coyote is self-employed and thus not eligible for Workman's Compensation.

Mr. Coyote states that on December 13th he received of Defendant via parcel post one Acme Rocket Sled. The intention of Mr. Coyote was to use the Rocket Sled to aid him in the pursuit of his prey. Upon receipt of the Rocket Sled, Mr. Coyote removed it from its wooden shipping crate and sighting his prey, activated the ignition Mr. Coyote gripped the handlebars, the Rocket Sled accelerated with such sudden and precipitate force as to stretch Mr. Coyote's forelimbs to a length of fifty feet. Subsequently, the rest of Mr. Coyote's body shot forward with a violent jolt, causing severe strain to his back and neck and placing him unexpectedly astride the Rocket Sled. Disappearing over the horizon at such speed as to leave a diminishing jet trail along its path, the Rocket Sled soon brought Mr. Coyote abreast of his prey. At that moment the animal he was pursuing veered sharply to the right. Mr. Coyote vigorously attempted to follow this maneuver but was unable to, due to poorly designed steering on the Rocket Sled and a faulty or nonexistent braking system. Shortly thereafter, the unchecked progress of the Rocket Sled brought it and Mr. Coyote into collision with the side of a mesa.