Archive by Month: August 2015

Fifth District Court of Appeal reverses Volusia County Circuit Court’s order dismissing with prejudice common law indemnity and common law subrogation claims

Posted in Announcements, Newsletters - 2015 on August 4, 2015

As to the common law indemnity claim, the Court declined to require a party to plead some type of heightened “special relationship” between the parties in order to state a claim.  Instead, the Court held that a common law indemnity claim merely requires that a party plead (1) that it is wholly without fault; (2) that the other party from whom it is seeking indemnity is at fault; and (3) that it is only liable to the injured party because of some vicarious, constructive, derivative, or technical liability for the wrongful acts of the party from whom it is seeking indemnity. Additional facts establishing the nature and extent of a “special relationship” are not required to be alleged in a common law indemnity claim.  Therefore, if the law provides that a party without fault may be held liable to the plaintiff for damages caused by another’s fault, as is often the case in first party property and third party liability claims, the party without fault may sue the party who allegedly caused the injury or damage in a third party action, irrespective of whether the party without fault is vicariously liable for the third party defendant’s tortious conduct.   

 

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