C & S CRANE SERVICE, INC., AND TRAVELERS INSURANCE COMPANY, A CONNECTICUT CORPORATION, APPELLANTS,
v.
FRANK NEGRON, APPELLEE
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C & S Crane Service and its insurer appealed a directed verdict finding them liable for negligence to an employee of a steel subcontractor injured when a crane operator negligently struck him with concrete debris. The court affirmed, holding that the defendants could not claim workers' compensation immunity because the contractual arrangement involved independent contractors rather than a true general contractor-subcontractor relationship.
The trial court correctly directed a verdict in plaintiff's favor on liability. C & S Crane and its insurer were not entitled to workers' compensation immunity because the contractual arrangement between Palm Springs Gardens and Hersman Construction constituted an owner-independent contractor relationship, not a true general contractor-subcontractor relationship necessary for immunity to flow to sub-subcontractors.
[1] A contract for construction services where the owner obtains a work permit and indemnifies the contractor for liability arising from the permit does not establish the con…
[2] An owner-builder who contracts with independent contractors for portions of a construction project is subject to common law negligence suits from employees of those indep…
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Join FLexlaw to unlock all legal intelligence“A review of the record in the case at bar substantiates the fact that Palm Springs Garden, Inc. was the owner-builder. Further, we find that the contract between Hersman Construction Company and Palm Springs Garden is that of an owner and an independent contractor rather than between a true contractor and "subs" which is necessary for workmen's compensation immunity.”
Establishes the key contractual distinction that defeated the immunity claim—the relationship was between owner and independent contractor, not general contractor and subcontractors.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePalm Springs Gardens, Inc., acting as owner-builder, contracted with M. Hersman Construction to construct an apartment building. Hersman orally subcon…
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PER CURIAM.
Defendant-appellants appeal an adverse final judgment entered pursuant to a directed verdict on the issue of liability and a jury verdict on the issue of damages in favor of plaintiff.
The facts which are before the court are as follows: Palm Springs Gardens, Inc. contracted with the M. Hersman Construction Company to construct the skeletal portion of an apartment building. That contract provided in part that (1) the owner, Palm Springs Gardens, Inc., was act ing as general contractor, (2) M. Hersman Construction was not obliged to act as general contractor, (3) Hersman Construction as a service to the owner would obtain a work permit from the city for performance of all of the work on the job site, and (4) the owner agreed to indemnify and hold harmless Hersman Construction for any liability or cause of action brought against Hersman as a result of obtaining the work permit or as a result of any subcontractor, government agency or other person suing or bringing claim against Hersman Construction in some manner arising out of the procuring of the work permit. Palm Springs Gardens, Inc. individually contracted with an electrician and a plumber. Hersman Construction orally contracted with Seacoast Steel for the installation of the steel frame, with Express Concrete for the pouring of the concrete and with the appellant, C & S Crane, for the rental of a crane and a crane operator. Plaintiff-appellee, Frank Negron, was employed by Seacoast Steel as an iron worker on the job site. While working, plaintiff received injuries when the crane operated by an employee of the appellant, C & S Crane, moved too quickly and knocked over a portion of a concrete wall onto him. Plaintiff, joined by his wife, filed an amended complaint for damages against C & S Crane Service, Inc. and its insurer, Travelers Insurance Company. At the close of the defendants’ case, both parties moved for a directed verdict. The defendants argued that M. Hersman Construction was a general contractor and, therefore, all subcontractors were immune from liability. Plaintiff’s motion for directed verdict ón the issue of negligence was granted by the trial court and the issue of damages was submitted to the jury which returned a verdict of $28,000 for the plaintiff and $1,000 for his wife. Thereafter, defendants filed motions for new trial and for judgment in accordance with directed verdict. These motions were denied and this appeal ensued.
Appellants contend that the trial court erred in directing a verdict in favor of plaintiff on the issue of liability where the evidence showed that Hersman Construction was operating in fact as a general contractor within the meaning of Fla.Stat. §§ 440.10(1) and 440.11(1), F.S.A., was responsible for providing workmen’s compensation coverage for his subcontractors, and Hersman’s immunity from suit flowed to his subcontractors, including appellant, C & S Crane. We disagree. .
A review of the record in the case at bar substantiates the fact that Palm Springs Garden, Inc. was the owner-builder. Further, we find that the contract between Hersman Construction Company and Palm Springs Garden is that of an owner and an independent contractor rather than between a true contractor and “subs” which is necessary for workmen’s compensation immunity. See Smith v. Ussery, Fla.1972, 261 So. 2d 164. Thus, appellants became subject to a common law suit for negligence under the circumstances in the case sub judice where the construction was undertaken with independent contractors who were engaged to perform portions of the work and the plaintiff, an employee of one such independent contractor, was injured in the course of such work by an employee of defendant-appellant C & S Crane, another independent contractor. See Jones v. Florida Power Corporation, Fla. 1954, 72 So. 2d 285; Cromer v. Thomas, Fla.App. 1960, 124 So. 2d 36; Floyd v. Flash Welding Company, Fla.App.1961, 127 So. 2d 129; and State v. Luckie, Fla.App. 1962, 145 So. 2d 239.
Accordingly, the judgment of the trial court is hereby affirmed.
Affirmed.
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Motchkavitz v. L. C. Boggs Indus., Inc., 407 So. 2d 910 (Fla. 1981)…C. Boggs Industries, Inc., 384 So. 2d 259 (Fla. 4th DCA 1980), which the court certified as having passed upon a question of great public importance. The court also certified that its decision is in conflict with C & S Crane Service, Inc. v. Negron, 287 So. 2d 108 (Fla.3d DCA 1973), cert. denied, 296 So. 2d 49 (Fla.1974). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In 1972, Zuckerman-Vernon Corporation was constructing an apartment project, not for another but for itself for subsequent sale by it in…1 / 2
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Chase v. Tenbroeck, 399 So. 2d 57 (Fla. 3d DCA 1981)…employee of the steel erector; it was a subcontractor hired to perform part of the work for which Independent Steel contracted. See Motchkavitz v. L. C. Boggs Industries, Inc., 384 So. 2d 259 (Fla.4th DCA 1980); C & S Crane Service, Inc. v. Negron, 287 So. 2d 108 (Fla.3d DCA), cert. denied, 296 So. 2d 49 (Fla.1974). Central to our decision in this appeal is a determination concerning whether Christopher Tenbroeck and Chris Tenbroeck’s Crane Rental were statutory employees of a “common employer”, that is, sub…
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Motchkavitz v. L. C. Boggs Indus., Inc., 384 So. 2d 259 (Fla. 4th DCA 1980)…was a general contractor involved, Younger v. Giller Contracting Co., 143 Fla. 335, 196 So. [*261] 690 (1940)1 and has rejected immunity when there were — as here — an owner-builder and an independent contractor, C & S Crane Service, Inc. v. Negron, 287 So. 2d 108 (Fla.3d DCA 1973), cert. denied, 296 So. 2d 49 (Fla.1974). Appellants chronicle numerous decisions.2 We hold that in determining whether a subcontractor may be sued for injuries sustained by an employee of its contractor, it is totally irrelevant w…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jones v. Fla. Power Corp., 72 So. 2d 285 (Fla. 1954)
- Smith v. Ussery, 261 So. 2d 164 (Fla. 1972)
- State v. Luckie, 145 So. 2d 239 (Fla. 1st DCA 1962)
- Cromer v. Thomas, 124 So. 2d 36 (Fla. 3d DCA 1960)
- Forty-Five Twenty-Five, Inc. v. Novack, 127 So. 2d 129 (Fla. 3d DCA 1961)