Fort Lauderdale Transfer, Inc. v. Leonard Bros. Transfer & Storage Co.
Fort Lauderdale Transfer, Inc. v. Leonard Bros. Transfer & Storage Co.
Opinion of the Court
This is an appeal from an order granting a summary judgment in favor of a cross-defendant, Union Metal Company, and against the cross-claimants, Fort Lauder-dale Transfer, Inc., and Noah Johnson.
The cross-claim of the appellants was based on alleged negligence of Lester Lower for whose negligence it was sought to charge the Union Metal Company, which negligence allegedly resulted in the collapse of a radio tower during its erection on the premises of the Florida State Road Department at Fort Lauderdale. Motorola Communications and Electronics, Inc., had contracted with the Florida State Road Department to supply and erect the tower. Thereafter Motorola contracted with the Union Metal Company to manufacture the tower and with Ellis Tower Co., Inc., to install the tower. Ellis Tower Co., Inc., then contracted with Fort Lauderdale Transfer, Inc., one of the appellants, to assemble the tower and contracted with1 Leonard Bros. Transfer & Storage Co., Inc., to raise the tower into place. The appellant, Noah Johnson, was the foreman for the appellant, Fort Lauderdale Transfer, Inc. The status of Lester Lower is in controversy. The appellee, Union Metal Company, the manufacturer of the tower, contended that Lower was provided by it solely in an advisory capacity for the erection of the tower and exercised no supervisory authority. The appellants’ contention was that Lower was on the job as the manufacturer’s representative and supervised the erection of the tower and that his negligence in failing to properly perform his duties was the cause of the appellants’ injuries and was chargeable to the appellee as his employer or principal.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.