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449 So. 2d 828

Metropolitan Dade County v. Gassin

District Court of Appeal of Florida

Decided February 14, 1984

District Court of Appeal of Florida · decided 1984-02-14

Relies on 374 So. 2d 490 - Houdaille Industries, Inc. v. Edwards · Westinghouse Electric Corp. v. JC Penney Co. · 427 So. 2d 776 - Mortgage Guarantee Ins. Corp. v. Stewart

Decided 1984-02-14

PER CURIAM.

¶1The 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).

¶2Affirmed in part; reversed in part and remanded with directions to enter judgment for Metropolitan Dade County on its indemnity claim against Westinghouse Electric Corporation.

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