JAMES E. MCCORMICK AND JANET MCCORMICK, HIS WIFE, APPELLANTS,
v.
PREMIERE GROUP, INC., A FLORIDA CORPORATION, APPELLEE
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Property owners who hire independent contractors for construction work do not automatically qualify for workers' compensation immunity under Florida law. The court reversed a summary judgment dismissing a personal injury suit against a condominium developer, holding that statutory immunity requires the defendant to be both a statutory employer and obligated to secure workers' compensation coverage.
The court held that statutory immunity is available only when a party is required by statute to secure workers' compensation coverage. A property owner who is neither a common employer nor a contractor under the Workmen's Compensation Act does not automatically enjoy statutory immunity from suit by an employee of an independent contractor, even if the injury occurred on the owner's property during construction work.
[1] A property owner is not entitled to statutory immunity from suit for negligence if the owner was not liable to secure workers' compensation for the injured employee.
[2] A property owner is not considered a "common employer" or a "contractor" for the purposes of workers' compensation immunity when they contract with other companies for co…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“it is the liability to secure compensation which gives a party immunity from suit”
Establishes the foundational principle that statutory immunity depends on the obligation to secure workers' compensation, not merely on property ownership or contractual involvement.
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Join FLexlaw to unlock all legal intelligencePremiere Group, Inc. owned real property in Pinellas County and developed it into Los Prados condominiums for resale. Premiere hired Nichols Plumbing …
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DANAHY, Chief Judge.
The plaintiffs in a personal injury suit appeal a summary final judgment in favor of the defendant based on the trial judge’s conclusion that the defendant was the general contractor for the project where the accident occurred and, therefore, was entitled to statutory immunity pursuant to the provisions of sections 440.10 and 440.11, Florida Statutes (1985). We believe that conclusion was incorrect and reverse.
The appellee (Premiere) was the sole fee owner of real property located in Pinellas County. Premiere developed this property by building condominiums for resale which were known as Los Prados. Premiere engaged Nichols Plumbing Company (Nichols) to perform plumbing work on the project. The appellant James E. McCormick was a Nichols employee. McCormick was injured while installing ceiling plumbing fixtures at the Los Prados Condominium project. McCormick collected workers’ compensation benefits from his employer, Nichols. He and his wife brought this suit against Premiere for negligence in failing to properly inspect or maintain its premises, or to warn of a dangerous condition.
Based on the record before us on this appeal, we believe this case falls squarely within the holding of the supreme court in Jones v. Florida Power Corp., 72 So. 2d 285 (Fla.1954). There, as here, the owner of property (Florida Power) entered into contracts with two companies for construction work on the owner’s property. An employee of one of these contractors was injured on the job, and filed suit against Florida power. The trial court ruled that Florida Power enjoyed the statutory immunity provided by the statutes then called the “Workmen’s Compensation Act.” The supreme court reversed, holding that it is the liability to secure compensation which gives a party immunity from suit. The court then went on to find that Florida Power was not required by statute to secure workmen’s compensation covering the employee who had been injured because Florida Power, as the owner of the property, was neither a “common employer” nor a “contractor” for purposes of the Workmen’s Compensation Act. The court reversed the summary judgment in favor of Florida Power based upon its holding that Florida Power was not required under the Act to secure workmen’s compensation.
The trial judge in this case erred in ruling that as a matter of law Premiere enjoys statutory immunity from liability in this action. We reverse and remand for further proceedings.
SCHEB and SCHOONOVER, JJ., concur.
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Yukon v. Granada Constr. OF Fla., 538 So. 2d 531 (Fla. 2d DCA 1989)…to a subcontractor. Therefore, such an owner is not required to secure worker’s compensation and does not enjoy immunity from liability under section 440.11. Jones v. Florida Power Corp., 72 So. 2d 285 (Fla.1954); McCormick v. Premiere Group, Inc., 523 So. 2d 780 (Fla. 2d DCA 1988). The appellee’s status on the date of the accident is, of course, a material fact. Since we believe that there is a genuine issue as to that fact, summary judgment is precluded. Holl v. Talcott, 191 So. 2d 40 (Fla.1966). Accor…
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Metro. Dade Cnty. v. Turner, 540 So. 2d 849 (Fla. 3d DCA 1989)…PER CURIAM. Affirmed. See McCormick v. Premiere Group, Inc., 523 So. 2d 780 (Fla. 2d DCA 1988); Florida Power & Light Co. v. Huwer, 508 So. 2d 489 (Fla. 3d DCA 1987); §§ 440.10; 440.11, Fla.Stat. (1985).…
Authorities Cited
- Jones v. Fla. Power Corp., 72 So. 2d 285 (Fla. 1954)