HAROLD S. ROSE, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF INSURANCE AND TREASURER, APPELLEE
HAROLD S. ROSE, APPELLANT,
STATE OF FLORIDA, DEPARTMENT OF INSURANCE AND TREASURER, APPELLEE
656 So. 2d 181
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
Affirmed. § 120.68(10), Fla.Stat. (1989); Ferris v. Turlington, 510 So. 2d 292 (Fla.1987); De Groot v. Sheffield, 95 So. 2d 912, 916 (Fla.1957); In re D.J.S., 563 So. 2d 655, 662 (Fla. 1st DCA 1990); Devor v. Department of Insurance, 473 So. 2d 1319 (Fla. 1st DCA), rev. denied, 476 So. 2d 673 (Fla.1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Carib Ocean Shipping, Inc. v. Armas, 854 So. 2d 234 (Fla. 3d DCA 2003)…s immune from such liability. Commercial Coatings, Inc. v. Pensacola Concrete Constr. Co., 616 So. 2d 960 (Fla. 1993)(crane);1 Smith v. Ryder Truck Rentals, Inc., 182 So. 2d 422 (Fla.l966)(motor vehicle); see Sherrill v. Corbett Cranes Servs., Inc., 656 So. 2d 181 (Fla. 5th DCA 1995); see also Caramico, 121 So. 2d at 348; Maxson, 720 So. 2d at 588; Fleming, 690 So. 2d at 1367. Nevertheless, neither the court nor jury even considered the merits of this issue below. This is because, as a result of what appellan…
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Ramcharitar v. Erzulie Derosins & Sky Chefs, Inc., 35 So. 3d 94 (Fla. 3d DCA 2010)…la. 2d DCA 2006) (citing Abernathy for the proposition that statutory immunity does not apply “to situations where a general contractor’s employee is injured by the negligence of a subcontractor’s employee”); Sherrill v. Corbett Cranes Servs., Inc., 656 So. 2d 181, 183 (Fla. 5th DCA 1995) (citing Abernathy and finding that “[i]t is now well established under Florida law that a subcontractor or independent contractor can be liable in tort for injuries sustained by the employees of a general contractor on a con…
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Venezia v. Egan, 671 So. 2d 175 (Fla. 5th DCA 1996)…considered. Id. at 101. The application of this presumption in favor of continuing general employment in situations involving heavy equipment leased along with an operator was explained by Judge Griffin in Sherrill v. Corbett Cranes Services, Inc., 656 So. 2d 181, 186 (Fla. 5th DCA 1995) by reference to the Restatement (Second) of Agency § 227, cmt. c (1958): A continuance of general employment is also indicated in the operation of a machine where the general employer rents the machine and a servant to oper…1 / 2
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)
- IN the Interest OF D.J.S. and J.S.G. v. Dep't of Health & Rehabilitative Servs., 563 So. 2d 655 (Fla. 1st DCA 1990)
- Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987)
- Forest Bruce Devor v. Dep't OF Ins., 473 So. 2d 1319 (Fla. 1st DCA 1985)