DANIEL SEARS DEARING, JR., APPELLANT,
v.
STUART REESE, D/B/A SPACEMAKERS, A SOLE PROPRIETORSHIP, APPELLEE
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Daniel Dearing sued his employer Stuart Reese for negligence after suffering a herniated disc while moving a dishwasher at a renovation job. The trial court directed a verdict for Reese, but the appellate court reversed, holding that the evidence raised a jury question on whether Reese breached his duty to provide a safe workplace.
The court reversed the directed verdict, holding that the evidence raised a jury question on the issue of negligence. As Dearing's employer, Reese owed a duty to provide a safe place to work, reasonably safe machinery and tools, and suitable fellow servants, and the record contained competent evidence from which a jury could reasonably find that Reese breached that duty.
[1] An employer owes a duty to provide an employee with a safe place to work, reasonably safe machinery, tools, and implements, and suitable and competent fellow servants.
[2] The issue of negligence is ordinarily a question for the jury.
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Join FLexlaw to unlock all legal intelligence“As Dearing's employer, Reese owed a duty to provide Dearing a safe place in which to work, reasonably safe machinery, tools and implements to work with, and suitable and competent fellow servants to work with him.”
Establishes the legal standard for employer's duty of care owed to employees.
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Join FLexlaw to unlock all legal intelligenceReese, a house renovator, hired Dearing to perform general labor including assisting carpenters, lifting heavy objects, moving lumber, and demolition.…
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ZEHMER, Judge.
Daniel Sears Dearing, Jr., the plaintiff below, appeals a directed verdict for the defendant Stuart Reese in this negligence action for breach of duty to provide Dear-ing a safe place to work. We reverse.
Viewing the evidence and reasonable inferences from the evidence in a light most favorable to Dearing, the record reflects the following facts. Reese, who has renovated and sold houses on several prior occasions, purchased a house in Tallahassee to renovate and resell. Subsequently, Dearing was hired to do general labor on the house. Dearing’s job was described as “basic labor” and consisted of such duties as assisting the carpenters, lifting heavy objects such as concrete bags, moving lumber, and demolition. The record contains testimony that Dearing’s job was to do whatever he was told to do.
The accident which is the subject of this suit occurred on September 15, 1983. Dearing was cleaning floors inside the house when a dishwasher was delivered and placed on the front lawn. Rain began to fall and a project supervisor told Dear-ing and another worker that they needed to move the dishwasher inside. Dearing then walked out into the yard, picked the dishwasher up and moved it onto the porch. He testified that the only equipment available was a child’s red wagon, and that the other worker could not help move the dishwasher because he had previously injured his knee and it was still in a brace. As a result of lifting the dishwasher, Dearing sustained herniated discs of the spinal column and required surgery.
Dearing filed an action for common law negligence against Reese, alleging that Reese breached his duty to provide Dearing a safe place to work. The case was tried to a jury and at the close of Dearing’s case, Reese moved for a directed verdict on the grounds that no employer/employee relationship existed and that the evidence did not prove negligence. The trial judge ruled that the evidence did raise a jury question as to whether Dearing was in fact an employee of Reese, but directed a verdict for Reese on the legal insufficiency of the evidence to prove negligence.1
The trial court erred in directing the verdict for Reese on the issue of negligence. As Dearing’s employer, Reese owed a duty to provide Dearing a safe place in which to work, reasonably safe machinery, tools and implements to work with, and suitable and competent fellow servants to work with him. McGee v. Ed De Brauwere & Co., 117 Fla. 859, 162 So. 510 (1935). See also Great Atlantic & Pacific Tea Company v. McConnell, 199 F. 2d 569 (5th Cir.1952); Callahan v. Bryce, 47 So. 2d 517 (Fla.1950). Ordinarily, the issue of negligence is for the jury, and the record before us contains competent evidence upon which the jury could reasonably find that Reese breached that duty. Although Dearing’s assumption of risk and comparative negligence are usually matters of defense, these defenses are barred if the employer failed to provide workers’ compensation insurance in compliance with Chapter 440. Hicks v. Kemp, 79 So. 2d 696 (Fla.1955); § 440.06, Fla.Stat. (1983).
The judgment is reversed and the cause is remanded for a new trial.
REVERSED AND REMANDED.
BOOTH and WIGGINTON, JJ., concur. . Section 440.11, Fla.Stat. (1983) does not provide Reese immunity from suit because he did not provide workers’ compensation insurance coverage.
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Hancock v. Dep't OF Corr., 585 So. 2d 1068 (Fla. 1st DCA 1991)…oyee or by a master to a servant. Generally, a master or employer has an affirmative duty to provide his servants or employees with reasonably safe instrumentalities and places to work. Hicks v. Kemp, 79 So. 2d 696, 699 (Fla.1955); Dearing v. Reese, 519 So. 2d 761 (Fla. 1st DCA 1988). An employer has a duty to use ordinary care and diligence to keep the workplace safe, taking into consideration the exigency of the circumstances and the character of work to be done. Richards Co., Inc. v. Harrison, 262 So. 2d 2…
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Benitez v. Joseph Trucking, Inc., 68 So. 3d 428 (Fla. 5th DCA 2011)…safe and suitable. Noel v. M. Ecker & Co., 445 So. 2d 1142, 1144 (Fla. 4th DCA 1984). Any knowledge on the part of Benitez concerning the vehicle's dangerous condition would go to the issue of comparative negligence. Id.; see also Dearing v. Reese, 519 So. 2d 761 (Fla. 1st DCA 1988).…
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Iviricu v. Velasco, 669 So. 2d 337 (Fla. 3d DCA 1996)…as to whether the employers breached their duty to provide the plaintiff with a reasonably safe place in, and reason [*338] ably safe tools and equipment with which to work. See Zygmont v. Smith, 548 So. 2d 902 (Fla. 1st DCA 1989); Dearing v. Reese, 519 So. 2d 761 (Fla. 1st DCA 1988); Barker v. Osman, 340 So. 2d 965 (Fla. 3d DCA 1976), and cases cited; Westberry v. Great Atl. & Pac. Tea Co., 191 So. 2d 613 (Fla. 3d DCA 1966), cert. denied, 200 So. 2d 811 (Fla.1967).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hicks v. Kemp, 79 So. 2d 696 (Fla. 1955)
- Yearty v. Smith, 120 Fla. 202 (Fla. 1935)
- McGee v. C. Ed. DeBrauwere & Co., 117 Fla. 859 (Fla. 1935)
- Great Atl. & Pac. Tea Co. of Am. v. McCONNELL, 199 F.2d 569 (5th Cir. 1952)