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Summary Judgment in Wrongful Death Construction Accident Case

Jason Stewart, of the Ft. Lauderdale office, obtained a Final Summary Judgment in a wrongful death action. The case involved an employee of a roofing subcontractor, who had removed his fall protection harness. As a result, he lost his balance, and fell down onto a patio striking his head and rolled into a swimming pool that was partially filled with rainwater. As a result, the man drowned. Jason argued that Workers’ Compensation Immunity applied and therefore, the Insured could not be liable. It is important to note that Florida Statute § 440.11, does not extend immunity to building developers who act as their own general contractor in certain instances. Here, the Insured had served in this dual role. However, the Court granted the Motion for Summary Judgment. Lucas G. Parsons, of the Ft. Lauderdale office, assisted in the preparation of this Motion.

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