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INDUSTRIAL WASTE SERV. v. McDONALD'S OF HOMESTEAD, INC.

No. 83-146.

438 So.2d 151 (1983)

INDUSTRIAL WASTE SERVICE, INC., Appellant, v. McDONALD'S OF HOMESTEAD, INC., Appellee.

District Court of Appeal of Florida, Third District.

September 20, 1983.

Attorney(s) appearing for the Case

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, and Richard Sherman, Miami, for appellant.

Walton, Lantaff, Schroeder & Carson and Kathleen M. O'Connor and Michael R. Jenks, Miami, for appellee.

Before NESBITT, BASKIN and JORGENSON, JJ.

PER CURIAM.

We hold that appellant, Industrial Waste, failed to state a cause of action for indemnification in that it did not allege that it was without fault or that it had the requisite special relationship with McDonald's which would render Industrial vicariously liable for McDonald's negligence. Houdaille Industries, Inc. v. Edwards, 374 So.2d 490 (Fla. 1979).

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