Chattanooga Boiler & Tank Co. v. Rittenberry

District Court of Appeal of Florida

Chattanooga Boiler & Tank Co. v. Rittenberry

379 So. 2d 961, 1979 Fla. App. LEXIS 14166

CourtDistrict Court of Appeal of Florida

DecidedFebruary 9, 1979

DocketNo. KK-211

StatusPublished

Cited by1 cases

This text of 379 So. 2d 961 (Chattanooga Boiler & Tank Co. v. Rittenberry) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chattanooga Boiler & Tank Co. v. Rittenberry, 379 So. 2d 961, 1979 Fla. App. LEXIS 14166 (Fla. Ct. App. 1979).

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PER CURIAM.

We affirm the judgment notwithstanding verdict entered in favor of Monsanto, the employer of Rittenberry, following the entry of a verdict in favor of the third party tortfeasor, Chattanooga, on its claim for indemnity against Monsanto. Chattanooga had alleged Monsanto was actively negligent in causing certain injuries suffered by its employee, Rittenberry, during the course of employment, while Chattanooga was only passively negligent. There can be no claim for indemnity, under the circumstances, by a third party tortfeasor against an injured party’s employer. Seaboard Coast Line R. Co. v. Smith, 359 So.2d 427 (Fla.1978).

The judgment notwithstanding verdict is AFFIRMED.

MILLS, Acting C. J., and ERVIN, J., concur. BOOTH, J., specially concurring.

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PER CURIAM.

We affirm the judgment notwithstanding verdict entered in favor of Monsanto, the employer of Rittenberry, following the entry of a verdict in favor of the third party tortfeasor, Chattanooga, on its claim for indemnity against Monsanto. Chattanooga had alleged Monsanto was actively negligent in causing certain injuries suffered by its employee, Rittenberry, during the course of employment, while Chattanooga was only passively negligent. There can be no claim for indemnity, under the circumstances, by a third party tortfeasor against an injured party’s employer. Seaboard Coast Line R. Co. v. Smith, 359 So.2d 427 (Fla.1978).

The judgment notwithstanding verdict is AFFIRMED.

MILLS, Acting C. J., and ERVIN, J., concur. BOOTH, J., specially concurring.

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379 So. 2d 961, 1979 Fla. App. LEXIS 14166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chattanooga-boiler-tank-co-v-rittenberry-fladistctapp-1979.

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