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Defense Summary Judgment in Trip and Fall Case

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.

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