Martinez v. Miami-Dade County
2013 U.S. Dist. LEXIS 142776
| S.D. Fla. | 2013Background
- This action arises from an October 3, 2010 incident at Blue Martini in Miami involving off-duty County officers working security for Blue Martini.
- Miami-Dade County filed a cross-claim against Blue Martini for contribution, indemnification, and bad faith.
- Blue Martini moved to dismiss all three cross-claims.
- The court previously held officers acted within the permit purview; the cross-claim alleges acts within the off-duty permit.
- The court grants in part and denies in part Blue Martini’s motion: contribution and indemnification survive; bad faith is dismissed as Florida does not recognize a first-party bad-faith claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether County can plead a valid contribution claim. | County argues 768.81(3) governs apportionment of fault. | Blue Martini contends 768.81(3) applies to negligence only. | Contribution claim adequately pled; 768.81(3) not applicable. |
| Whether County can plead a valid indemnification claim. | County relies on §30.2905 describing responsibility for deputies’ acts off duty. | Blue Martini argues indemnification not expressly provided. | Indemnification claim adequately pled; statute supports it. |
| Whether County can plead a bad faith claim. | County seeks punitive/compensatory damages for failure to indemnify. | Florida does not recognize a common-law first-party bad-faith action. | Bad faith claim dismissed; no first-party bad-faith recognized in Florida. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility pleading standard for Rule 12(b)(6))
- Twombly v. Bell Atlantic Corp., 550 U.S. 544 (U.S. 2007) (pleading must state a plausible claim, not merely speculative)
- American United Life Ins. Co. v. Martinez, 480 F.3d 1043 (11th Cir. 2007) (treats pleadings under Twombly/Iqbal standards)
- QBE Insurance Corp. v. Chalfonte Condominium Apartment Association, Inc., 94 So.3d 541 (Fla.2012) (no common-law first-party bad-faith action in Florida; limited bad-faith theories)