H & H PAINTING v. MECHANIC MASTERS

No. 4D05-398.

923 So.2d 1227 (2006)

H & H PAINTING & WATERPROOFING CO., Appellant, v. MECHANIC MASTERS, INC., and Barbara J. West, as guardian of Ralph E. Johnson, an incapacitated ward, Appellees.

District Court of Appeal of Florida, Fourth District.

March 22, 2006.


Attorney(s) appearing for the Case

Michael A. Mullen, Maximiliano Zayas, and Anne C. Sullivan of Gaebe, Mullen, Antonelli, Esco & DiMatteo, Coral Gables, for appellant.

Bonita K. Brown of Fowler White Boggs Banker, P.A., Tampa, and Francis B. Geary, Jr. of Fowler White Boggs Banker, P.A., West Palm Beach, for appellee Mechanic Masters, Inc.


GROSS, J.

The issue in this case is whether, in a lease for construction equipment, the lessee agreed to indemnify the lessor for the lessor's own negligence. We hold that the lease lacked the clear and unequivocal language required to create an indemnity obligation.

Appellee, Mechanic Masters, Inc., is in the business of renting heavy equipment and lifts. Appellant, H & H Painting & Waterproofing Co., leased a 20-foot scissor lift from Mechanic Masters...

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