METROPOLITAN DADE COUNTY AND WESTINGHOUSE ELECTRIC CORPORATION, APPELLANTS,
v.
BRUCE D. GASSIN, JR., A MINOR, BY AND THROUGH HIS PARENTS, BRUCE D. GASSIN, SR. AND LEE GASSIN, AND BRUCE D. GASSIN SR. AND LEE GASSIN, INDIVIDUALLY, APPELLEES
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Florida appellate court affirmed judgment against Westinghouse but reversed and remanded to enter judgment for Metropolitan Dade County on its indemnity claim against Westinghouse, holding that a property owner with no proven fault may seek indemnity from an independent contractor hired to maintain the property.
A property owner with no proven fault may obtain indemnity from an independent contractor hired to maintain the property in a safe condition.
[1] A property owner may recover indemnity from an independent contractor hired to maintain the property in a safe condition, even when the owner's liability is based solely…
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Join FLexlaw to unlock all legal intelligenceA minor was injured on an escalator owned by Metropolitan Dade County. Westinghouse Electric Corporation was hired as an independent contractor to mai…
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PER CURIAM.
The judgment and orders under review in these consolidated appeals are affirmed with one exception. Our examination of the record reveals that Metropolitan Dade County’s liability to the plaintiffs could have been predicated only on its ownership of the escalator in question, there being no proof of any fault on the part of the County which played any role in causing the plaintiffs’ injuries. Under these circumstances, the trial court erred in failing to direct a verdict in the County’s favor, and to enter judgment thereon, on the County’s third-party claim for indemnity against Westinghouse Electric Corporation, an independent contractor hired to discharge the County’s duty to maintain the escalator in a reasonably safe condition. See Westinghouse Electric Corporation v.
J. C. Penney Company, 166 So. 2d 211 (Fla. 1st DCA 1964). See also Houdaille Industries, Inc. v. Edwards, 374 So. 2d 490 (Fla.1979); Mortgage Guarantee Insurance Corporation v. Stewart, 427 So. 2d 776 (Fla. 3d DCA 1983); Hart Properties, Inc. v. Eastern Elevator Service Corp., 357 So. 2d 257 (Fla. 3d DCA 1978).
Affirmed in part; reversed in part and remanded with directions to enter judgment for Metropolitan Dade County on its indemnity claim against Westinghouse Electric Corporation.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Houdaille Indus., Inc. v. Edwards, 374 So. 2d 490 (Fla. 1979)
- Westinghouse Elec. Corp. v. J. C. Penney Co., Inc., 166 So. 2d 211 (Fla. 1st DCA 1964)
- Mortg. Guar. Ins. Corp. v. Stewart, 427 So. 2d 776 (Fla. 3d DCA 1983)
- Hart Props., Inc. v. E. Elevator Serv. Corp., 357 So. 2d 257 (Fla. 3d DCA 1978)