PAUL VINCENT GERARD, APPELLANT,
v.
SCOTT CRANE RENTAL CORP., A FLORIDA CORPORATION, AND A&A WELDING & FABRICATION, INC., A FLORIDA CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Genuine issues of material fact exist regarding the borrowed servant doctrine, precluding summary judgment.
Appellant was injured when a leased crane came too close to energized electrical lines. The crane operator was leased from Appellee by Appellant's emp…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Borrowed Servant Doctrine cases and more on FLexlaw
PER CURIAM.
This case arises out of an accident that occurred on January 14, 1997, in which Appellant was injured when a crane came too close to energized electrical lines, shocking Appellant and causing physical injuries. The crane and its operator were leased from Appellee by Appellant’s employer for one day.
Appellee moved for summary judgment, claiming its employee was a borrowed servant of Appellant’s employer, and thereby immune from suit in tort based on workers’ compensation immunity. § 440.11, Fla. Stat. It is well established that summary judgment should only be granted if the moving party demonstrates conclusively that no genuine issues exist as to any material fact, with all reasonable inferences drawn in favor of the opposing party. Johnson v. Circle K Corp., 734 So. 2d 536 (Fla. 1st DCA 1999); Moore v. Morris, 475 So. 2d 666 (Fla.1985).
Based on our review of the record, we find genuine issues of material fact exist concerning whether Appellee’s employee was a borrowed servant of Appellant’s employer, thereby precluding summary judgment. Therefore we REVERSE and REMAND this case to the trial court.
BOOTH, LAWRENCE and DAVIS, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
The Word OF Life Ministry, Inc. v. Miller, 778 So. 2d 360 (Fla. 1st DCA 2001)…amages to the corporation which result from a breach of their trust, a violation of authority or neglect of duty.”). Summary judgment is proper only insofar as no genuine issues of material fact exist. See, e.g., Gerard v. Scott Crane Rental Corp., 754 So. 2d 896, 897 (Fla. 1st DCA 2000) (“It is well established that summary judgment should only be granted if the moving party demonstrates conclusively that no genuine issues exist as to any material fact, with all reasonable inferences drawn in favor of the o…
-
Brockney v. Centel Cellular Co. OF Fort Walton Beach Ltd. P'ship, 950 So. 2d 445 (Fla. 1st DCA 2007)…hat summary judgment should only be granted if the moving party demonstrates conclusively that no genuine issues exist as to any material fact, with all reasonable inferences drawn in favor of the opposing party.” Gerard v. Scott Crane Rental Corp., 754 So. 2d 896, 897 (Fla. 1st DCA 2000). If the record “raises even the slightest doubt that [a genuine issue of material fact] might exist, that doubt must be resolved against the moving party, and summary judgment must be denied.” Newman v. Herrin, 667 So. 2d 27…
Authorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
- Johnson v. Circle K Corp., 734 So. 2d 536 (Fla. 1st DCA 1999)