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.
Key facts
- A customer (Pappalardo) tripped and fell on a raised, uneven sidewalk outside a Walgreen store and sued both Walgreen (for breach of non-delegable duties as property owner) and Dynaserv (a maintenance contractor responsible for weekly inspections and hazard notification).
- Walgreen's contract with Dynaserv required Dynaserv to inspect the premises weekly, notify Walgreen of defects within 24 hours, and report health or safety hazards immediately; Dynaserv allegedly failed to notify Walgreen of the sidewalk hazard.
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Holdings
- A party may assert a crossclaim for contractual indemnification based on the indemnitor's negligent breach of its own contractual obligations, distinct from and independent of the…
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Why it matters
This decision is significant for commercial contract practitioners and practitioners handling premises liability indemnification disputes. It confirms that an indemnitee may recover under a contractual indemnification… — full analysis with a trial
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