Pompano Beach Hotel Corp. v. Harker

OWEN, Judge.

Defendant/third-party plaintiff appeals an order dismissing with prejudice its third-party complaint against appellee— Charles S. McAlpine.

The plaintiff alleged that it was appellant’s active negligence which was the proximate cause of plaintiff’s injuries. However, appellant was at liberty to place its own characterization upon the events and to maintain a third-party claim alleging active negligence on the part of a third-party defendant and only passive negligence, if any, on its own part as the proximate cause of the plaintiff’s injuries. Central Truck Lines, Inc. v. White…