North Florida Shipyards, Inc. v. Lykes Bros. Steamship Co.

Florida District Courts of Appeal
North Florida Shipyards, Inc. v. Lykes Bros. Steamship Co., 607 So. 2d 516 (1992)
1993 A.M.C. 2376; 1992 Fla. App. LEXIS 11745; 1992 WL 338519
Allen, Kahn, Miner

North Florida Shipyards, Inc. v. Lykes Bros. Steamship Co.

Opinion of the Court

KAHN, Judge.

We find no error in the trial court’s determination that appellee was entitled to indemnity from appellant under the facts of this case. See Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp., 350 U.S. 124, 76 S.Ct. 232, 100 L.Ed. 133 (1956); Oglebay Norton Co. v. CSX Corp., 788 F.2d 361, 365-366 (6th Cir. 1986) (warranty of workmanlike performance runs from dockowner to shipowner; shipowner’s negligence did not prevent recovery under theory of indemnity where conduct did not prevent or seriously hamper contractor’s performance of its duty in accordance with its warranty of workmanlike service), cert. denied, 479 U.S. 849, 107 S.Ct. 173, 93 L.Ed.2d 109 (1986); Sims v. Chesapeake & Ohio Railway Co., 520 F.2d 556, 561 (6th Cir. 1975) (“The nature of the services performed by the wharfinger determines the extent of this warranty”).

MINER and ALLEN, JJ., concur.

Reference

Full Case Name
NORTH FLORIDA SHIPYARDS, INC. v. LYKES BROS. STEAMSHIP CO., INC.
Cited By
1 case
Status
Published