133 So. 3d 1108
Fla. Dist. Ct. App.2014Background
- Hotel and Lufthansa entered a 2003 accommodations agreement for hotel lodging during layovers in Miami.
- April 19, 2008, Lufthansa employee Wauschke stayed at the Hotel; a window allegedly fell, injuring a guest.
- July 2008, the Youngs sued the Hotel for its vicarious negligence; Lufthansa was added for vicarious liability.
- Section 6.3 indemnification provision required the Hotel to indemnify Lufthansa for liabilities from the Hotel’s negligence.
- Trial court held Wauschke acted outside the scope of employment; Lufthansa was not liable; Lufthansa sought indemnification fees.
- Court reverses to grant summary judgment for Royal Palm; indemnification does not cover Lufthansa’s own negligence or employee acts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether indemnification covers Lufthansa’s own negligence | Hotel argues clause covers only Hotel negligence | Lufthansa argues indemnity applies to all liabilities from the Hotel’s acts | Indemnity does not cover Lufthansa’s own negligence |
| Whether contract language clearly expresses mutual indemnity for indemnitee’s conduct | Language is clear against covering Lufthansa's conduct | Language broad enough to include Lufthansa’s liability | Language not clear and unequivocal; policy disfavors indemnity for indemnitee’s own acts |
Key Cases Cited
- University Plaza Shopping Center v. Stewart, 272 So.2d 507 (Fla.1973) (restrictive interpretation to indemnify for indemnitee’s own negligence)
- Charles Poe Masonry, Inc. v. Spring Lock Scaffolding Rental Equip. Co., 374 So.2d 487 (Fla.1979) (expands University Plaza to joint liability situations)
- Cox Cable Corp. v. Gulf Power Co., 591 So.2d 627 (Fla.1992) (indemnity must be clear and unequivocal to cover own wrongful acts)
- Fabre v. Marin, 623 So.2d 1182 (Fla.1993) (Fabre defendant defined for apportionment of fault)
- Williams v. Hines, 86 So.695 (Fla.1920) (respondeat superior liability concept for employer)
- On Target, Inc. v. Allstate Floridian Ins. Co., 23 So.3d 180 (Fla.2d DCA 2009) (indemnification clauses commonly enforceable with caveat for own acts)
- Jackson v. Shakespeare Found., Inc., 108 So.3d 587 (Fla.2013) (de novo review of contract interpretation)