Opinion
No. 83-146.
September 20, 1983.
Appeal from the Circuit Court, Dade County, Fredricka G. Smith, J.
Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham Lane, and Richard Sherman, Miami, for appellant.
Walton, Lantaff, Schroeder Carson and Kathleen M. O'Connor and Michael R. Jenks, Miami, for appellee.
Before NESBITT, BASKIN and JORGENSON, JJ.
We hold that appellant, Industrial Waste, failed to state a cause of action for indemnification in that it did not allege that it was without fault or that it had the requisite special relationship with McDonald's which would render Industrial vicariously liable for McDonald's negligence. Houdaille Industries, Inc. v. Edwards, 374 So.2d 490 (Fla. 1979).
Affirmed.