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ATLANTIC GOODS SERVICES, INC. v. MILAN EXP. CO.

No. 90-678.

579 So.2d 808 (1991)

ATLANTIC GOODS SERVICES, INC., et al., Appellants/Cross-Appellees, v. MILAN EXPRESS COMPANY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 7, 1991.

Attorney(s) appearing for the Case

Robert D. Van Horne and Sharon Lee Stedman of Rumberger, Kirk, Caldwell, Cabaniss, Burke & Wechsler, P.A., Orlando, for appellants/cross-appellees.

Norman A. Monroe, Orlando, for appellee/cross-appellant.

COWART, Judge.

The determinative issue on this appeal is whether the driver/tortfeasor of a tractor trailer engaged in interstate commerce which collided with another vehicle was an employee of the lessee or of the lessor of the vehicle or both for purposes of an indemnification agreement between the lessee and lessor.

Pursuant to a trip lease agreement, Milan Express Co. leased from Atlantic Goods Services, Inc. a tractor trailer for use in delivering goods...

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