Rodriguez v. Bovis of Florida, Inc.

Florida District Courts of Appeal
Rodriguez v. Bovis of Florida, Inc., 767 So. 2d 1266 (2000)
2000 Fla. App. LEXIS 12356; 2000 WL 1397809
Fletcher, Schwartz, Shewn

Rodriguez v. Bovis of Florida, Inc.

Opinion of the Court

PER CURIAM.

Affirmed. See Conklin v. Cohen, 287 So.2d 56 (Fla. 1973) (passive, non-participant owner not liable for general or subcontractor employee injuries); Armenteros v. Baptist Hosp. of Miami, Inc., 714 So.2d 518 (Fla. 3d DCA 1998)(same); Reed v. Henry C. Beck Co., 510 So.2d 613 (Fla. 3d DCA)(contractor who sublets work to others becomes “statutory employer” entitled to worker’s compensation immunity), rev. denied, 518 So.2d 1277 (Fla. 1987). Compare Turner v. PCR, Inc., 754 So.2d 683, 688 (Fla. 2000)(plaintiff must prove that “reasonable person would understand that the employer’s conduct was ‘substantially certain’ to result in injury or death to the employee” to prevail under worker’s compensation immunity intentional tort exception.)

Reference

Full Case Name
Aleida RODRIGUEZ, Personal Representative of the Estate of Orlando Rodriguez v. BOVIS OF FLORIDA, INC. S.M. Brickell Limited Partnership, and Santa Maria Development Corp., and Santa Maria Development, Inc.
Cited By
1 case
Status
Published