ALEIDA RODRIGUEZ, PERSONAL REPRESENTATIVE OF THE ESTATE OF ORLANDO RODRIGUEZ, APPELLANT,

v.

BOVIS OF FLORIDA, INC.; S.M. BRICKELL LIMITED PARTNERSHIP, AND SANTA MARIA DEVELOPMENT CORP., AND SANTA MARIA DEVELOPMENT, INC., APPELLEES

Fla. 3d DCA | 2000-09-27

Nos. 3D99-2650, 3D99-2606

Before SCHWARTZ, C.J., and FLETCHER and SHEWN, JJ.

767 So. 2d 1266 Florida District Court of Appeal, Third District (2000) Positive Treatment

Cited by 2 cases

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.)

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

S. PAN Servs. v. Aleida Rodriguez, 771 So. 2d 612 (Fla. 3d DCA 2000)

…So. 2d 768 (Fla.1998); Hastings v. Demming, 694 So. 2d 718 (Fla.1997), without prejudice to the reconsideration of that order in the light of our opinion affirming a summary judgment for similarly situated co-defendants in Rodriguez v. Bovis, Inc., 767 So. 2d 1266 (Fla. 3d DCA 2000). Appeal dismissed.…

Authorities Cited

Turner v. PCR, Inc., 754 So. 2d 683 (Fla. 2000)
Conklin v. Cohen, 287 So. 2d 56 (Fla. 1973)
Gregorio Armenteros v. Baptist Hosp. OF Miami, Inc., 714 So. 2d 518 (Fla. 3d DCA 1998)
Reed v. Henry C. Beck Co., 510 So. 2d 613 (Fla. 3d DCA 1987)

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