Grand Union Co. v. Prudential Bldg. Maintenance Corp.
Decision Date | 22 July 1969 |
Docket Number | No. 69-102,69-102 |
Citation | 226 So.2d 117 |
Court | Florida District Court of Appeals |
Parties | The GRAND UNION COMPANY, Appellant, v. PRUDENTIAL BUILDING MAINTENANCE CORP., Appellee. |
West & Goldman, Miami, for appellant.
George C. Vogelsang, Miami, for appellee.
Before BARKDULL and HENDRY, JJ., and LOPEZ, AQUILINO, Jr., Associate Judge.
Appellant stood as defendant below in a personal injury action filed against it by individual plaintiffs. Thereafter, the appellant filed a third party complaint against the appellee here, and appellee moved to dismiss the third party complaint. The motion was granted and this appeal ensued.
The original personal injury complaint arose from a slip and fall accident which occurred in a supermarket owned by the appellant. At the time of the accident, the appellee corporation was employed by appellant to perform janitorial services on the premises of the store where the injury occurred; such services included keeping the floor of the store clean and in a safe condition. The third party complaint which was filed against the appellee alleged that a cause of action existed against the third party defendant by virtue of such defendant's breach of the duty to keep the store floor in a reasonably safe condition and free from all foreign substances. The third party complaint continued its allegations in these words:
'WHEREFORE, Third-Party Plaintiff demands judgment against Third-Party Defendant in a sum equal to the amount of any judgment entered against it in favor of Plaintiffs, together with costs and attorney's fees.'
By this appeal the appellant argues that the trial court erred when it rejected the theory underlying the third party complaint, i.e., that a principal or employer is...
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...duty." Wetherington, Tort Indemnity in Florida, 8 Fla.St.U.L.Rev. 383, 408 (1980), citing, Grand Union Co. v. Prudential Building Maintenance Corp., 226 So.2d 117 (Fla. 3d DCA 1969); Olin's Rent-A-Car System, Inc. v. Royal Continental Hotels, Inc., 187 So.2d 349 (Fla. 4th DCA), cert. denied......
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...in this case for Soper's negligence, we agree that there is no basis for the indemnity claim. Compare Grand Union Co. v. Prudential Bldg. Maint. Corp., 226 So.2d 117 (Fla. 3d DCA 1969); Olin's Rent-A-Car Sys., Inc. v. Royal Continental Hotels, Inc., 187 So.2d 349 (Fla. 4th DCA 1966), cert. ......
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