Gregory J. Prusak, of the Orlando office, prevailed in obtaining a defense summary judgment in a trip and fall case. The Plaintiff sued our client, a cable company, after falling, allegedly, as a result of a hole or tripping hazard created by an independent contractor’s work for a cable installation job at the apartment complex where the Plaintiff lived. The Plaintiff was claiming severe permanent back injuries from the fall, with multiple past surgeries and alleged medical expenses of over $500,000.00. However, all work related to the cable installation was done per the contract by the independent contractor, and no work was done by our client, whose sole role was to inspect the job after it was done, and to pay the independent contractor. Because Plaintiff failed to timely sue the independent contractor, he tried to argue that our client was the employer and vicariously liable for the negligence of the independent contractor. Greg moved for summary judgment, arguing that a cable company or general contractor cannot be vicariously liable for the alleged negligence of an independent contractor or subcontractor where it has no control over the job and where the contract defines the “sub” as an independent contractor. The trial court agreed and granted the defense motion for summary judgment.
Locations
9100 South Dadeland Blvd.
Suite 1800
Miami, FL. 33156 305.374.1212
125 West Romana St.
Suite 550
Pensacola, FL 32502 850.434.0003
1705 Metropolitan Blvd.
Suite 202
Tallahassee, FL 32308 850.222.5188
201 South Orange Ave.
Suite 475
Orlando, FL 32801 407.245.3630
13350 Metro Parkway
Suite 401
Fort Myers, FL 33966 239.334.8403
402 Applerouth Lane
Suite 2C
Key West, FL 33040 305.509.7300
1 Independent Drive
Suite 1601
Jacksonville, FL 32202 904.396.0062
1396 NE 20th Ave.
Suite 500
Ocala, FL 34470 352.622.4222
400 North Ashley Drive
Suite 1200
Tampa, FL 33602 813.204.9776
110 East Broward Blvd.
Suite 1400
Fort Lauderdale, FL 33301 954.768.0011
1700 Palm Beach Lakes Blvd.
Suite 800
West Palm Beach, FL 33401 561.640.0303
11 North Water St.
Suite 10290
Mobile, AL 36602 251.308.3351