KENNETH WALLACE, APPELLANT,
v.
POST, BUCKLEY, SCHUH & JERNIGAN, INC., APPELLEE

Fla. 3d DCA | 1991-05-21
No. 90-2158
Before HUBBART, BASKIN and COPE, JJ.
579 So. 2d 397 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

As the appellee engineering firm is squarely within the definition of construction design professional, § 440.02(25), Fla. Stat. (1989), and as its contractual obligations under its Standard Consulting Agreement with the Florida Department of Transportation qualify for the immunity of subsection 440.09(5), Florida Statutes (1989); see also Vorndran v. Wright, 367 So. 2d 1070 (Fla. 3d DCA), cert. denied, 378 So. 2d 350 (1979), the judgment is affirmed.


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  • Agner v. Apac-Florida, Inc., 821 So. 2d 336 (Fla. 1st DCA 2002)
    …o a construction design professional does not apply to the negligent preparation .of design plans or specifications. AIM’s contract with DOT placed it within the purview of this statute. See, e.g., Wallace v. Post, Buckley, Schuh, & Jernigan, Inc., 579 So. 2d 397, 397 (Fla. 3d DCA 1991) (“[Defendant’s] contractual obligations under its Standard Consulting Agreement with the Florida Department of Transportation qualify for the immunity of subsection 440.09(5), Florida Statutes (1989) [now section 440.09(6), F…
  • Ingraham v. State, 617 So. 2d 1152 (Fla. 3d DCA 1993)
    …[*1153] PER CURIAM. Affirmed. See Saunders v. Dugger, 579 So. 2d 397 (Fla. 3d DCA), rev. denied, 587 So. 2d 1329 (Fla.1991).…
  • The Est. OF Marco T. Reyes v. Reyes, 784 So. 2d 514 (Fla. 3d DCA 2001)
    …employer safety practices or worker safety. Consequently, Parsons is entitled to immunity under the statute. See Williams, Hatfield & Stoner, Inc. v. Malcolm, 687 So. 2d 295, 296 (Fla. 4th DCA 1997); Wallace v. Post, Buckley Schuh & Jernigan, Inc., 579 So. 2d 397 (Fla. 3d DCA 1991). The personal representative offered the affidavit of her expert, Ronald Zoilo, a professor of civil and architectural engineering at the University of Miami. Professor Zoilo opined that defendant Parsons had undertaken the respo…

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