Walgreen Company v. Monica Pappalardo and Dynaserv Florida, LLC
The Sixth DCA reversed summary judgment against Walgreen on its contractual indemnity crossclaim against its maintenance contractor Dynaserv, holding that the trial court erred by dismissing the crossclaim without addressing Walgreen's theory that it sought indemnification for Dynaserv's independent negligent failure to comply with its contractual duty to notify Walgreen of hazards. The court confirmed that a party may seek contractual indemnification based on the indemnitor's own negligent breach of contract, even when the underlying plaintiff pled the indemnitee's breach of a non-delegable duty, and even when the indemnitor was found to owe no direct duty to the injured plaintiff.
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