Pilla v. Tom-Boy, Inc.

SIMON, Presiding Judge.

Appellants, Edward A. Pilla and Dollie A. Pilla, appeal the denial of their claim for indemnity based upon a lease provision against respondent, Tom-Boy, Inc. to recover sums paid in settlement to Mary Brackett for injuries sustained in her fall on a sidewalk adjacent to the building owned by the Pillas and leased to TomBoy, Inc.

Appellants contend that the trial court erred in failing to find respondent breached the indemnity provision of the lease. Specifically, appellants allege that: (1) the settlement made to Mary Brackett was not a voluntary payment and no…