The Hertz Corporation v. Auto Club Group, Inc.

Summary

The Florida Third District Court of Appeal reversed a final judgment dismissing The Hertz Corporation’s third-party contractual claims against The American Automobile Association and Auto Club Group. The court held that a prior per curiam affirmance concerning negligence claims and the absence of a duty to the injured plaintiff did not, under the law of the case doctrine, bar Hertz’s separate claims for indemnification, defense, and breach of contract.

Holdings

1. The law of the case doctrine did not bar Hertz's contractual claims because the prior Otero appeal decided only whether AAA and ACG owed Otero a legal duty of care in negligence; it did not decide or necessarily consider AAA and ACG's contractual obligations to Hertz.

Questions Presented

1. Whether the law of the case doctrine, following the appellate affirmance of dismissal of Otero's negligence claims against AAA and ACG, barred Hertz's separate contractual third-party claims against AAA and ACG.

Disposition

reversed_and_remanded