Metropolitan Dade County v. Gassin

The judgment and orders under review in these consolidated appeals are affirmed with one exception. Our examination of the record reveals that Metropolitan Dade County’s liability to the plaintiffs could have been predicated only on its ownership of the escalator in question, there being no proof of any fault on the part of the County which played any role in causing the plaintiffs’ injuries. Under these circumstances, the trial court erred in failing to direct a verdict in the County’s favor, and to enter judgment thereon, on the County’s third-party claim for indemnity against Westinghouse…