Carnival Cruise Lines v. Soper

Full title: CARNIVAL CRUISE LINES, INC., Appellant, v. Maggie SOPER, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 11, 2001

798 So. 2d 751 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D99-1009.

April 11, 2001.

An Appeal from the Circuit Court for Dade County, Juan Ramirez, Jr., Lower Tribunal No. 93-9747.

Hicks, Anderson Kneale and Mark Hicks and David J. Maher; Keller Houck; Kaye, Rose, for appellant.

William J. Turbeville, II, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.

SCHWARTZ, Chief Judge.

Carnival Cruise Lines appeals from the dismissal of its claim for common law indemnity against Maggie Soper arising from the accident involved in Carnival Cruise Lines, Inc. v. Levalley, 786 So.2d 18 (Fla.3d DCA 2001). Because, as demonstrated in that opinion, Carnival cannot be held vicariously liable in this case for Soper's negligence, we agree that there is no basis for the indemnity claim. Compare Grand Union Co. v. Prudential Bldg. Maint. Corp., 226 So.2d 117 (Fla.3d DCA 1969); Olin's Rent-A-Car Sys., Inc. v. Royal Continental Hotels, Inc., 187 So.2d 349 (Fla. 4th DCA 1966), cert. denied, 194 So.2d 621 (Fla. 1966).

Affirmed.