FOR IMMEDIATE RELEASE
January 3, 2012
| Contact: Eric W. Boyer, Esq. Managing Partner 305-670-1101 Ext. 123 Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it |
|
QPWB CLIENT PROTECTED FROM TORT LIABILITY UNDER
WORKERS’ COMPENSATION EXCLUSIVITY PROVISION
 |
|
|
| |
Workers' Compensation Defense - Horizontal Immunity
TAMPA, Fla. — Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) partner David W. Nilsen, was successful with a Motion for Summary Judgment based on workers’ compensation immunity provision, releasing our client from this action
The plaintiff was employed by a subcontractor providing structural steel services on a construction project at the University of South Florida. Our client, another subcontractor working on the same project, provided the crane and crane operator to the construction site. During the construction of a stairwell, the crane operator was lowering a steel beam into the half-constructed staircase. The plaintiff was standing on top of the staircase while operating the radios and directing the lowering of the steel beam. While the crane was lowering the beam, it came loose from the rigging and fell down towards the plaintiff. The plaintiff jumped out of the way and fell 10 feet, suffering injuries to his back, ankle, and foot. The plaintiff recovered workers’ compensation benefits from his own employer and then sued our client and the general contractor.
The defense filed a Motion for Summary Judgment based on horizontal workers’ compensation immunity, pursuant to Florida Statutes 440.10(1)(e) and argued that our client was immune from liability since they operated as a subcontractor on the same construction project, had secured workers’ compensation insurance for their employees, and gross negligence was not the major contributing cause of the injury. The Court agreed and granted defense’s Motion for Summary Judgment. The Court reserved ruling on our attendant Motion for Fees and Costs pursuant to 57.105.
About QPWB
Quintairos, Prieto, Wood & Boyer, P.A. is a full-service business law firm with more than 175 attorneys collaborating across major practice areas in nine offices located throughout Florida including Miami, Ft. Lauderdale, West Palm Beach, Ft. Myers, Tampa, Orlando, Jacksonville, Tallahassee and Pensacola; two offices in Kentucky located in Louisville and Lexington; and offices in Chicago, Illinois; Cincinnati, Ohio and Phoenix, Arizona. QPWB provides comprehensive legal services to individuals and organizations of all sizes throughout the U.S. and the U.S. Virgin Islands.
