Wilcox v. USA

Filing 10

ORDER granting 9 Defendant's Motion to Implead Third-Party Defendant. Signed by Judge James S. Moody, Jr on 4/2/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ELMIRA RUFFIN WILCOX,
Plaintiff,
v.

Case No: 8:14-cv-2275-T-30TGW

UNITED STATES OF AMERICA,
Defendant.

ORDER
THIS CAUSE comes before the Court upon the Defendant's Motion to Implead
Third-Party Defendant (Dkt. #9). Plaintiff did not file a response. The Defendant United
States of America, (the “United States”) moves the Court for leave to implead 830 Central,
LLC (c/o Xenia Management Corporation) (“830 Central”) as a third party defendant in
this case pursuant to 28 U.S.C. §§ 1367 and 1332, Federal Rule of Civil Procedure 14(a)
and Middle District of Florida Local Rule 4.03.
Background
Plaintiff alleges that she was injured due to “the negligent or wrongful act or
omission of an agency of the United States of America, to wit, the Social Security
Administration[]” pursuant to the Federal Tort Claims Act. Plaintiff alleges that the Social
Security Administration operated and maintained an office located in St. Petersburg,
Florida. She alleges that she slipped and fell while walking across the lobby of the building,

and that the Social Security Administration’s failure to maintain or inspect the floor and
adequately warn her that the floor was wet is the proximate cause of her injuries.
The United States, through its General Services Administration, leases the premises
from 830 Central pursuant to two lease agreements on behalf of the Social Security
Administration (“SSA”) and the Defense Contracting Management Agency (“DCMA”).
830 Central maintains the building’s common areas which are open to the public.
Therefore, the United States argues, if Plaintiff can establish the United States’ liability in
this action, then 830 Central is fully liable for all of Plaintiff’s injuries.
Both the SSA and DCMA lease (the “Leases”) with 830 Central expressly
incorporate the Solicitation for Offers form. The form expressly states that “[s]ervices,
utilities, and maintenance shall be provided by the Lessor as part of the rental
consideration.” It further states that the “Lessor shall maintain the leased premises,
including outside areas, in a clean condition and shall provide supplies and equipment for
the term of the lease.” Further, the form provides that the Lessor must “sweep entrances,
lobbies and corridors” and “spot sweep” the floors as needed daily. Additionally, the SSA’s
“Special Requirements for Solicitation” form expressly requires the lessor to “promptly
dry, remove or replace damp or wet areas or materials.”
Discussion
I.

Legal Standard

Rule 14 allows impleader of a third-party “who is or may be liable to [a defending
party] for all or part of the claim against it.” Fed.R.Civ.P. 14(a)(1). The circumstances in
which impleader is permissible are limited to those where the liability of the third-party “is

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in some way dependent upon the outcome of the main claim.” United States v. Olavarrieta,
812 F.2d 640, 643 (11th Cir. 1987). Local Rule 4.03(a) states that “[a]ny motion by a
defendant for leave to join a third-party defendant pursuant to Rule 14(a), Fed.R.Civ.P.,
shall be made within six (6) months from the date of service of the moving defendant's
answer to the complaint, or at least sixty (60) days prior to a scheduled trial date, whichever
first occurs.”
Under 28 U.S.C. § 1367(a), a district court has “supplemental jurisdiction over all
other claims that are so related to claims in the action within such original jurisdiction that
they form part of the same case or controversy under Article III of the United States
Constitution[]” including “claims that involve the joinder or intervention of additional
parties.”
A district court may exercise supplemental jurisdiction over a claim by the United
States against a third party under § 1367(a). See Santiago v. United States, 884 F. Supp.
45, 49 (D.P.R. 1995) (citing United States v. Yellow Cab Co., 340 U.S. 543, 71 S.Ct. 399,
95 L.Ed. 523 (1951) (“Where the U.S. is sued under the [Federal Tort Claims Act], it may,
as a third party plaintiff, implead a person who is or may be liable to it for all or part of the
claim asserted by the plaintiff against the United States.”). See also Drake Towing Co.,
Inc. v. Meisner Marine Const. Co., 765 F.2d 1060, 1068 (11th Cir. 1985) abrogation on
other grounds recognized by Cranford v. United States, 466 F.3d 955, 958 (11th Cir. 2006)
(“In a case that threatens mutual liability, the defendant [such as the United States] may
implead a third-party defendant who may be wholly or partly liable, either to the plaintiff
or to the third-party plaintiff, by way of remedy over, contribution, or otherwise on account

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of the same transaction, occurrence, or series of transactions or occurrences.”) (Internal
quotation marks omitted).
II.

The United States’ Motion to Implead

The Motion is timely pursuant to Local Rule 4.03. The United States intends to
assert that because 803 Central had a contractual duty to maintain the premises, including
cleaning and drying the floors throughout the day, it is liable for any injuries suffered by
Plaintiff. This theory of liability is supported by Florida law. See Suarez v. Gonzalez, 820
So. 2d 342, 346 (Fla. 4th DCA 2002) (“In Florida, the landlord-tenant relationship imposes
a nondelegable duty of care upon a landlord who undertakes to make repairs or
improvements for the benefit of a tenant.”). See also Goodman v. Juniper Springs Canoe
Rentals & Recreation, Inc., 983 F. Supp. 1384, 1388 (M.D. Fla. 1997) (“Under Florida
law, the lessee as well as the leaseholder can be held liable for injuries on the premises.”)
As such, it argues that the Court should permit it to implead 830 Central to promote judicial
economy and avoid a multiplicity of actions. The Court agrees. Therefore, the Court
concludes that the Motion should be granted.
It is therefore ORDERED AND ADJUDGED that Defendant's Motion to Implead
Third-Party Defendant (Dkt. #9) is GRANTED.
DONE and ORDERED in Tampa, Florida, this 2nd day of April, 2015.

Copies furnished to:
Counsel/Parties of Record

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