[CLC-Discussion] Discussion item

[Timothy Moorhead]

Good Morning CLC,

 I am looking for the collective wisdom of the group.  If you have time, send me your thoughts.
Scenario:
P sues D for breach of the building code under the statute, 553.84, claiming that D breached the code and that D knew or should have known of the breach.  D files third party claim against 3RD for common law indemnity.
Can the common law indemnity action stand?
Since the statute requires the Plaintff to Sue the person or entity who committed the violation, my thought is that Plaintiff's proof of the action against Defendant necessarily disproves Defendant's action against 3rd party defendant as Defendant is proven to have fault.  (See the Mendez Garcia case for similar result, no common law indemnity for negligence.)
 Am I missing something?

Timothy R. Moorhead, Esq.
[cid:image001.jpg at 01CE9D94.62E41B00]
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Avenue
Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
Board Certified in Construction Law
tmoorhead at wfmblaw.com
www.wfmblaw.com

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