MIAMI INTERNATIONAL MERCHANDISE MART, INC., APPELLANT,
v.
GENE SOMERS & ASSOCIATES, INC., APPELLEE
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Florida court reversed dismissal of third-party indemnity complaint, holding that Section 440.11(1) is unconstitutional to the extent it immunizes employers from contractual indemnity obligations to third parties for employee injuries.
Section 440.11(1), Florida Statutes is unconstitutional insofar as it prevents an employer from being held liable under a contractual indemnity agreement with a third party for injuries to the employer's own employees.
[1] Section 440.11(1), Florida Statutes is unconstitutional to the extent it operates to immunize an employer from liability to a third party where the employer has contracte…
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Join FLexlaw to unlock all legal intelligenceMIMM and GS & A entered into a lease agreement containing an indemnity clause whereby GS & A agreed to indemnify MIMM for liability arising from injur…
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PER CURIAM.
We reverse the trial court’s order dismissing the third party complaint for contractual indemnity filed by Miami International Merchandise Mart, Inc. (MIMM) against Gene Somers & Associates, Inc. (GS & A), the injured plaintiff’s employer.
Section 440.11(1), Florida Statutes (1985) is unconstitutional to the extent that it operates to immunize an employer from liability to a third party where the employer contracted to indemnify the third party against liability for injuries to its employees. City of Clearwater v. L.M. Duncan & Sons, Inc., 466 So. 2d 1116 (Fla.2d DCA 1985), aff'd, 478 So. 2d 816 (Fla.1985); see Sunspan Eng’g & Constr. Co. v. Spring-Lock Scaffolding, 310 So. 2d 4 (Fla.1975); Mortgage Corp. of America v. Vorndran, 334 So. 2d 88 (Fla.3d DCA 1976).
Since the parties’ lease agreement provided that GS & A would indemnify MIMM for liability it might incur to GS & A’s employees, the third party complaint stated a cause of action for indemnity and should not have been dismissed. GS & A’s contention that the dismissal was properly granted because MIMM’s negligence was the sole cause of the employee’s injuries is unavailing because it presumes the existence of a fact not yet decided. See L.M. Duncan & Sons, Inc. v. City of Clearwater, 478 So. 2d 816, 817-18 (Fla.1985).
Accordingly, the order dismissing MIMM’s third party complaint is reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sunspan Eng'g & Constr. Co. v. Spring-Lock Scaffolding Co. & Spring-Lock Scaffolding of Fla., Inc., 310 So. 2d 4 (Fla. 1975)
- L.M. Duncan & Sons, Inc. v. City OF Clearwater, 478 So. 2d 816 (Fla. 1985)
- City OF Clearwater v. L.M. Duncan & Sons, Inc., 466 So. 2d 1116 (Fla. 2d DCA 1985)
- Mortg. Corp. OF Am. v. Vorndran, 334 So. 2d 88 (Fla. 3d DCA 1976)