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Rodriguez v. Bovis of Florida, Inc.

District Court of Appeal of Florida, Third District
Sep 27, 2000
767 So. 2d 1266 (Fla. Dist. Ct. App. 2000)

Opinion

Nos. 3D99-2650, 3D99-2606.

September 27, 2000.

Appeals from the Circuit Court of Miami-Dade County, Jon I. Gordon, Judge.

Miguel San Pedro, Miami, for appellant.

Clinton D. Flagg, Coral Gables; Richard A. Sherman and Rosemary B. Wilder, Fort Lauderdale, for appellees.

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


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.)


Summaries of

Rodriguez v. Bovis of Florida, Inc.

District Court of Appeal of Florida, Third District
Sep 27, 2000
767 So. 2d 1266 (Fla. Dist. Ct. App. 2000)
Case details for

Rodriguez v. Bovis of Florida, Inc.

Case Details

Full title:ALEIDA RODRIGUEZ, Personal Representative of the Estate of ORLANDO…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 27, 2000

Citations

767 So. 2d 1266 (Fla. Dist. Ct. App. 2000)

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