SEYMOUR GRANT, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GLENN GRANT, DECEASED, APPELLANT,
v.
EASTERN AIRLINES, INC., APPELLEE
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This case involves an appeal from a summary judgment in a wrongful death action. The appellate court affirmed the lower court's decision, holding that Eastern Airlines was not liable for the death of an employee of an independent contractor.
No, Eastern Airlines could not be held liable. The court held that Eastern Airlines committed no act of negligence by failing to correct the hazardous condition or warn the plaintiff's decedent, as it did not actively participate in or assume detailed control over the construction.
[1] A party who hires an independent contractor to perform work is not liable for the death of the contractor's employee when the contract vests the contractor with responsib…
[2] A general contractor is not liable for the negligence of an independent contractor unless the general contractor retains the right to control the progress of the work and…
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Join FLexlaw to unlock all legal intelligence“This is an appeal by the plaintiff Seymour Grant, as personal representative of the estate of Glenn Grant, from an adverse final summary judgment in a wrongful death action arising from a construction site accident.”
Introduces the nature of the appeal and the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff's decedent, an employee of a roofing company hired by Eastern Airlines, died in a construction site accident. The contract stipulated th…
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PER CURIAM.
This is an appeal by the plaintiff Seymour Grant, as personal representative of the estate of Glenn Grant, from an adverse final summary judgment in a wrongful death action arising from a construction site accident. We affirm the final summary judgment under review upon a holding that the defendant Eastern Airlines, Inc. was not liable as a matter of law for the death of the plaintiff’s decedent.
The record demonstrates without material dispute that (1) the plaintiff’s decedent was involved in a construction site accident while employed by a roofing company which had been hired by the defendant Eastern Airlines, Inc. to re-roof an Eastern Airlines building; (2) the defendant Eastern Airlines’ contract with the roofing company imposed upon the roofing company the responsibility of performing, directing, and supervising the re-roofing work, including initiating, maintaining, and supervising all safety precautions and programs in connection with the work; and (3) the defendant Eastern Airlines, Inc. did not actively participate in the construction project and assume detailed control over it, but only insisted, through biweekly inspections at the construction site, that the work conformed to the contract and was progressing according to schedule. This being so, the defendant Eastern Airlines committed no act of negligence, as a matter of law, either in failing to correct the hazardous condition which the roofing company was hired to correct and which led to the subject fatal accident or in failing to warn the plaintiff of such danger; stated differently, there is no legal theory upon which the defendant Eastern Airlines, Inc. could be held liable for the death of its independent contractor’s employee. See Clerkin v. Kendall Town & Country Assocs., 535 So. 2d 288 (Fla. 3d DCA 1989); City of Miami v. Perez, 509 So. 2d 343 (Fla. 3d DCA), rev. denied, 519 So. 2d 987 (Fla. 1981); Van Ness v. Independent Constr. Co., 392 So. 2d 1017 (Fla. 5th DCA), rev. denied, 402 So. 2d 614 (Fla.1981).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- VAN Ness v. Indep. Constr. Co., 392 So. 2d 1017 (Fla. 5th DCA 1981)
- City OF Miami v. Perez, 509 So. 2d 343 (Fla. 3d DCA 1987)
- Clerkin v. Kendall Town & Country Assocs., Ltd., 535 So. 2d 288 (Fla. 3d DCA 1988)