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COMMERCIAL CARRIER CORP. v. INDIAN RIVER COUNTY

No. 80-1378.

398 So.2d 488 (1981)

COMMERCIAL CARRIER CORPORATION and Merchants Mutual Insurance Company, Appellants, v. INDIAN RIVER COUNTY and State of Florida, Department of Transportation, Appellees.

District Court of Appeal of Florida, Third District.

May 19, 1981.

Attorney(s) appearing for the Case

Walsh, Theissen & Boyd and Gilbert E. Theissen, Fort Lauderdale, for appellants.

Stephens, Lynn, Chernay & Klein and Robert M. Klein, Alan E. DeSerio and Ella Jane P. Davis and H. Reynolds Sampson, Tallahassee, for appellees.

Before DANIEL S. PEARSON and FERGUSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

PER CURIAM.

We affirm the trial court's dismissal of those counts of a third-party complaint in which Commercial Carrier Corporation sought common law indemnity from Indian River County and the State of Florida, Department of Transportation.1 We hold that since any conceivable vicarious, constructive, derivative, or technical liability which Commercial Carrier Corporation might have to the plaintiff could arise only from the wrongdoing...

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