HARRY TRUMAN RAFUSE

v.

STATE

Citator

Cited By

• Atl. Coast Dev. Corp. v. Napoleon Steel Contractors, Inc., 385 So. 2d 676 (Fla. 3d DCA 1980)
  …ependent contractor is inherently dangerous, [such as use of a crane] then the duty of care in its performance is nondelegable by the employer.” Bialkowicz v. Pan American Condominium No. 3, Inc., 215 So. 2d 767, 772 (Fla. 3d DCA 1968), cert. denied 222 So. 2d 751 (Fla.1969). If an injury resulting therefrom was caused solely through the fault of another, Nelacar would be held responsible due to its vicarious, constructive, derivative, or technical liability. Houdaille Industries, Inc. v. Edwards, supra. Abse…
• Makar v. Invs. Real Est. Mgmt., Inc., 553 So. 2d 298 (Fla. 1st DCA 1989)
  …ever, is not a judgment on the merits. Xerox Corp. v. Sharifi, 502 So. 2d 1003, 1004 (Fla. 5th DCA 1987); Drady v. Hillsborough County Aviation Auth., 193 So. 2d 201, 205 (Fla. 2d DCA 1966), cert. denied, 210 So. 2d 223 (Fla.1968), and cert. denied, 222 So. 2d 751 (Fla.1969). A voluntary dismissal operates as an adjudication on the merits only when a plaintiff has previously dismissed an action involving the same claim. Fla.R.Civ.P. 1.420(a)(1). Appellant had not previously dismissed this action. Sections 76…
• Gen. Portland Land Dev. Co. & Greater Fla. Inv. v. Stevens, 395 So. 2d 1296 (Fla. 4th DCA 1981)
  …rk — the operation of the buck hoist — and was vicariously liable for the injury to Stevens resulting therefrom regardless of its lack of fault. Id.; Bialkowicz v. Pan American Condominium No. 3, Inc., 215 So. 2d 767 (Fla. 3d DCA 1968), cert. denied 222 So. 2d 751 (Fla.1969). However, liability on this basis alone will not preclude an otherwise viable claim for indemnity. Atlantic Coast Development Corp. v. Napoleon Steel Contractors, Inc., supra. In conclusion, the motion for rehearing is denied and the opi…

Authorities Cited

• Rafuse v. State, 215 So. 2d 71 (Fla. 1st DCA 1968)