CITY OF CLEARWATER v. DUNCAN & SONS

No. 84-1016.

466 So.2d 1116 (1985)

CITY OF CLEARWATER, Florida, a Municipal Corporation, Appellant, v. L.M. DUNCAN & SONS, Inc., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 10, 1985.


Attorney(s) appearing for the Case

Thomas A. Bustin, City Atty., Clearwater, for appellant.

Nelly N. Khouzam and Donald V. Bulleit of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., St. Petersburg, for appellee.


OTT, Acting Chief Judge.

The trial court dismissed appellant's third-party complaint seeking indemnification from appellee pursuant to an express contract. We reverse.

Appellant (the "city") hired appellee to perform construction on property owned by the city. A contract was executed wherein appellee expressly agreed to indemnify the city from any claims resulting from appellee's negligence in connection with the construction. Appellant concedes that the contract...

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