Walgreen Company v. Monica Pappalardo and Dynaserv Florida LLC

── Walgreen Company v. Monica Pappalardo and Dynaserv Florida LLC ── Court: District Court of Appeal of Florida Date: June 05, 2026 Category: General SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ Case No. 6D2023-3091 Lower Tribunal No. 2018-CA-002917-O _____________________________ WALGREEN COMPANY, Appellant, v. MONICA PAPPALARDO and DYNASERV FLORIDA, LLC, Appellees. _____________________________ Appeal from the Circuit Court for Orange County. Jeffrey L. Ashton, Judge. June 5, 2026 WHITE, J. This is an appeal from final judgments based on orders granting motions for summary judgment in favor of Dynaserv Florida, LLC (“Dynaserv”), and against Monica Pappalardo (“Plaintiff”), and Walgreen Company (“Walgreen”). Because the trial court erred by granting Dynaserv’s motion for partial summary judgment on Walgreen’s crossclaim for contractual indemnity alleged in Count V (the “Count V Crossclaim”), we reverse the final judgment and order against Walgreen, as to the Count V Crossclaim only. In all other respects, we affirm the final judgments and orders without further discussion. Background Plaintiff sued Walgreen and Dynaserv. She alleged that, while walking on the sidewalk on the side of Walgreen’s store, she tripped and fell due to a raised, uneven portion of sidewalk and suffered severe bodily injuries. Plaintiff asserted negligence claims against Walgreen and Dynaserv. As to Walgreen, she alleged Walgreen breached its non-delegable duties to her as an invitee, resulting in her falling and suffering injuries. In Plaintiff’s claim against Dynaserv, she alleged that Dynaserv had duties to her because of Dynaserv’s contractual obligations to Walgreen, and Dynaserv’s breach of those duties caused her to fall and suffer injuries. In turn, Walgreen asserted several crossclaims against Dynaserv. The Count V Crossclaim alleged that Walgreen had a contract with Dynaserv that required the latter to: conduct weekly inspections of the premises outside Walgreen’s store; notify Walgreen of noticeable defects on those premises within 24 hours of completing work; report immediately to Walgreen health or safety issues on those premises; and notify Walgreen of noticeable maintenance problems or hazards on those premises. Walgreen further alleged that Dynaserv did not notify it of any dangerous conditions related to potential trip hazards or raised sections of the sidewalk as a trip hazard, before Plaintiff allegedly tripped and fell. 2  The Count V Crossclaim also asserted that Walgreen’s contract with Dynaserv contained the following provision: 10. INDEMNIFICATION. 10.1 Indemnification by Service Provider.1 (a) General Indemnity. Service Provider will indemnify, defend and hold harmless (collectively, “indemnification” or “indemnify”) Walgreen, its Affiliates, and their respective officers, directors, employees and agents (“Walgreen Indemnified Parties”) from and against any and all demands, judgments (including applicable pre- judgment and post-judgment interest, if any), awards, losses, damages, costs, penalties, expenses, claims and liabilities, including reasonable attorney’s fees, witness fees and court costs, and any other losses and liabilities of any kind or nature whatsoever (collectively, “Damages”) of, or awarded to, or settled with third parties in third-party claims or actions, and the costs of Walgreen in enforcing this indemnification obligation, in each case arising out of any of the following: (i) the negligent acts or omissions, or intention