RICKY L. DIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICKY L. DIXON, APPELLANT,
STATE OF FLORIDA, APPELLEE
820 So. 2d 342
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.
We grant the motion for rehearing and affirm on the authority of Spann v. State, 772 So. 2d 38 (Fla. 4th DCA 2000), and Mills v. State, 773 So. 2d 650 (Fla. 1st DCA 2000), rev. granted, 790 So. 2d 1105 (Fla.2001).
WARNER, FARMER and GROSS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Lawrence R. Grobman, M.D. v. Posey, 863 So. 2d 1230 (Fla. 4th DCA 2003)…that foreseeable conduct to reduce the responsibility of the derivatively liable party undermines the incen-five for that party to take precautions against this risk. Id. at 646.6 This reasoning was one basis for our holding in Suarez v. Gonzalez, 820 So. 2d 342 (Fla. 4th DCA 2002). There the defendant was sued for negligently hiring an independent contractor who installed kitchen cabinets that fell onto the plaintiff. The installer was never identified and was not a party to the lawsuit. One of the questio…
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Stander v. Dispoz-O-Products, Inc., 973 So. 2d 603 (Fla. 4th DCA 2008)…Defendant moved to dismiss, arguing that the complaint contained only conclusions, and no facts which could make someone liable for negligently selecting an independent contractor trucker to transport goods. Plaintiff relies on Suarez v. Gonzalez, 820 So. 2d 342, 344 (Fla. 4th DCA 2002), in which we first set out the general rule: Generally, the employer of an independent contractor is not liable for the negligence of the independent contractor because the employer has no control over the manner in which t…1 / 3
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Davies v. Commercial Metals Co., 46 So. 3d 71 (Fla. 5th DCA 2010)…ellants that the ultimate facts alleged in Count IV of the amended complaint sufficiently stated a cause of action for the negligent selection of an independent contractor. Florida recognizes this as a viable cause of action. See Suarez v. Gonzalez, 820 So. 2d 342 (Fla. 4th DCA 2002); McCall v. Alabama Bruno’s, Inc., 647 So. 2d 175 (Fla. 1st DCA 1994). The basis for a negligent selection claim is found in section 411 of the Restatement (Second) of Torts, which states: An employer is subject to liability for…
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- Cedrick E. Spann v. State, 772 So. 2d 38 (Fla. 4th DCA 2000)
- Ulysses Drake, Jr. v. State, 772 So. 2d 38 (Fla. 2d DCA 2000)
- Gayson J. Mills v. State, 773 So. 2d 650 (Fla. 1st DCA 2000)