Pensacola Concrete Construction Co. v. Commercial Coatings of Northwest Florida, Inc.

Appellant (plaintiff in an indemnity suit) contends that the trial court erred in granting summary judgment for the defendant in reliance on Halifax Paving, Inc. v. Scott & Jobalia Construction Company, Inc., 565 So.2d 1346 (Fla.1990), which was decided after the suit was filed. We agree, but certify the question to the supreme court.

This is the third time this case has been before this court. Frank Randall Mann was seriously injured at work in 1981 when the cable snapped on a crane whose ball he was riding and he fell, the ball landing on him. Mann was employed by Commercial Coatings, Inc.,…