HomeMy WebLinkAbout0084 . ;
~
.
!
IN THE DISTRtCT COURT OF APPEAL OF THE STATE OF rLOR1DA
FOUR7~-I DISTRICT JULY TERM 1977
RICHARD B. REED, SELMA REED, )
his wife, HANOVER INSURANCE )
COMPANY, )
)
~ Appellants, )
~ )
) CASE NO. 76-1OR7.
)
WILLIAM SAMPSON, ELNORA )
GERMAN, RESERVE INSURANCE )
COMPANY, a foreign oorporation, )
SEVENTH DAY ADVENTLST CHURCH, )
. )
Appellees. )
Qpinion filed ~u8ust 12 ~ 1477 .
~ Appeal from the Circuit Court for St.
Lucie County; Royce R. Lewis, ]udge. .
Louf sa Smith -Adam of Montgomery
Lytal Reiter Denney and Searcy, West _
PaLn Beach, for Appellants-Reed and ~
Hanover.
' Marjorie D. Gadarian of jones Paine &
~ Foster, West Palm Beach, for Appellee-
~ SeveMh Day Adventist Church.
CR06S, J. - ~
This ~is an appeal from a gnal judgment entered pursuant to
an order dismissing with prejudice a third party complaint~ fn an action
seeking indemnification and vontribution. We reverse.
Tfie genesis of this acrion arose when William Sampson ini- ,
tiated suit to recover damages for the wrongful death of hia son ,
~
~ James, who was fatally injured when he was struck by an automobi~e
while crossing a highway during an outing sponsored by the Seventh
Day Adventiet Church and held at the home of defendants, Richard and
Thelma Reed. During the course of plead.ings, the Reeds and the
insurance oompany, Hanover, moved to join the Seventh Uay Adventist
Churcb as a party defe.ndant. The motion was granted, and the
~ ~ ~
.
~
: , - -
~ -
_ - ~.~-;-._u