Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equipment Co., No. 54349

CourtUnited States State Supreme Court of Florida
Writing for the CourtSUNDBERG; ENGLAND; HATCHETT
Citation374 So.2d 487
Docket NumberNo. 54349
Decision Date05 July 1979
PartiesCHARLES POE MASONRY, INC., et al., Petitioners/Cross-Respondents, v. SPRING LOCK SCAFFOLDING RENTAL EQUIPMENT COMPANY et al., Respondents/Cross-Petitioners.

Page 487

374 So.2d 487
CHARLES POE MASONRY, INC., et al., Petitioners/Cross-Respondents,
v.
SPRING LOCK SCAFFOLDING RENTAL EQUIPMENT COMPANY et al., Respondents/Cross-Petitioners.
No. 54349.
Supreme Court of Florida.
July 5, 1979.
Rehearing Denied Sept. 28, 1979.

Page 488

Edward A. Perse of Horton, Perse & Ginsberg and P. J. Carroll & Associates, and Alan R. Dakan of High, Stack, Lazenby & Bender, Miami, for petitioners/cross-respondents.

Gary E. Garbis of Virgin, Whittle, Garbis & Gilmour, Miami, for respondents/cross-petitioners.

SUNDBERG, Justice.

This cause is before us on petition and cross-petition for writ of certiorari to review a decision of the District Court of Appeal, Third District, reported at 358 So.2d 84, which allegedly misapplied Leonard L. Farber Co. v. Jaksch, 335 So.2d 847 (Fla. 4th DCA 1976). The issue is whether respondent and cross-petitioner Spring Lock is entitled to indemnity from petitioner and cross-respondent Charles Poe Masonry, Inc. under either a common law or contractual theory. We have jurisdiction pursuant to article V, section 3(b) (3), Florida Constitution.

Arthur Lott suffered serious injury when he fell from a scaffold on a construction site. He filed an action for damages against the manufacturer of the scaffold, Spring Lock, and its insurer. The scaffold was leased by Spring Lock to Poe, which assembled and used it as subcontractor on the construction project. In the lease, "Poe undertook to maintain and use the equipment in a safe and proper manner, and to assume all responsibility for claims arising out of the erection, maintenance, use or possession of the equipment, and agreed to hold Spring Lock harmless from all such claims." 1 Spring Lock Scaffolding Rental Equipment Co. v. Charles Poe Masonry, Inc., 358 So.2d 84, 85 (Fla. 3d DCA 1978). Miller & Solomon Construction Company was the general contractor on the project and Lott's employer.

Lott's action against Spring Lock sought recovery on three grounds; negligence, breach of implied warranty and strict liability. Spring lock filed a third-party complaint against its lessee Poe for common law and contractual indemnity, and against the general contractor and property owners for common law indemnity. Lott and Spring Lock entered into a Mary Carter agreement which fixed a $300,000 liability limit. The court granted the third-party defendants' motions for summary judgment.

The district court, relying on Stuart v. Hertz Corp., 351 So.2d 703 (Fla.1977), held that Spring Lock was not entitled to common law indemnity since Lott's claim against respondent was based on negligence or breach of warranty. On the contractual indemnity issue, the court held that if upon trial it should be found that the injury was caused by the joint negligence of Spring Lock and Poe, Spring Lock would be entitled to indemnity from Poe on the basis of their indemnity agreement. Accordingly, the district...

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73 practice notes
  • Sanislo v. Give Kids the World, Inc., No. SC12–2409.
    • United States
    • United States State Supreme Court of Florida
    • February 12, 2015
    ...indemnitee was jointly liable due to his or her own negligence in Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equip. Co., 374 So.2d 487, 489 (Fla.1979).Charles Poe MasonryIn Charles Poe Masonry, an employee of Charles Poe Masonry was injured when he fell from a scaffold on a......
  • Comptech Intern., Inc. v. Milam Commerce Park, Ltd., No. 96-1056
    • United States
    • Court of Appeal of Florida (US)
    • May 20, 1998
    ...own wrongful acts in clear and unequivocal terms." Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equip. Co., 374 So.2d 487, 489 (Fla.1979) (citations omitted; emphasis added). If the indemnity contract is to protect the indemnitee from liability caused by its own negligen......
  • Perkins State Bank v. Connolly, No. 78-3480
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 19, 1980
    ...Stuart v. Hertz Corp., 351 So.2d 703, 705 (Fla.1977). See Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equipment Co., 374 So.2d 487 (Fla.1979). If the indemnitee's bad faith actions somehow result in higher legal fees, the indemnitee might not be allowed to pass those costs o......
  • Guerrero v. City of Coral Gables, 21-cv-21122-BLOOM/Otazo-Reyes
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • December 22, 2021
    ...expressed in clear and unequivocal terms. See Id. at 7-9 (citing Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equip. Co., 374 So.2d 487, 489 (Fla. 1979); Repor Bros., Inc. v. Moore, 83 So.3d 903 (Fla. 3d DCA 2012); Skidmore, Owings and Merrill v. Volpe Constr. Co., Inc., 511 ......
  • Request a trial to view additional results
73 cases
  • Sanislo v. Give Kids the World, Inc., No. SC12–2409.
    • United States
    • United States State Supreme Court of Florida
    • February 12, 2015
    ...indemnitee was jointly liable due to his or her own negligence in Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equip. Co., 374 So.2d 487, 489 (Fla.1979).Charles Poe MasonryIn Charles Poe Masonry, an employee of Charles Poe Masonry was injured when he fell from a scaffold on a......
  • Comptech Intern., Inc. v. Milam Commerce Park, Ltd., No. 96-1056
    • United States
    • Court of Appeal of Florida (US)
    • May 20, 1998
    ...own wrongful acts in clear and unequivocal terms." Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equip. Co., 374 So.2d 487, 489 (Fla.1979) (citations omitted; emphasis added). If the indemnity contract is to protect the indemnitee from liability caused by its own negligen......
  • Perkins State Bank v. Connolly, No. 78-3480
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • December 19, 1980
    ...Stuart v. Hertz Corp., 351 So.2d 703, 705 (Fla.1977). See Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equipment Co., 374 So.2d 487 (Fla.1979). If the indemnitee's bad faith actions somehow result in higher legal fees, the indemnitee might not be allowed to pass those costs o......
  • Guerrero v. City of Coral Gables, 21-cv-21122-BLOOM/Otazo-Reyes
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • December 22, 2021
    ...expressed in clear and unequivocal terms. See Id. at 7-9 (citing Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equip. Co., 374 So.2d 487, 489 (Fla. 1979); Repor Bros., Inc. v. Moore, 83 So.3d 903 (Fla. 3d DCA 2012); Skidmore, Owings and Merrill v. Volpe Constr. Co., Inc., 511 ......
  • Request a trial to view additional results

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