57 So. 3d 875
Fla. Dist. Ct. App.2011Background
- Cannons sue Hoffmans’ project owners, a consulting LLC, and its agent for injuries from a fall on a residential construction site.
- Fournier Construction LLC (the LLC) and its sole agent, Robert Fournier, purportedly acted as consultants rather than general contractors.
- The LLC’s consulting agreement is vague; Hoffmans relied on Fournier for permits, codes, inspections, and contractor referrals.
- Cannon fell on May 17, 2006, while working near a wet edge without fall protection after a plan was reviewed with Fournier and Hoffmans.
- Trial court denied summary judgment against the LLC but granted it against Fournier individually; appellate court must reassess.
- The appellate court reverses in part, finding genuine issues of material fact about control/supervision of the job site and duty of care.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did LLC owe a duty of care to Cannon? | Cannons: LLC controlled site; duty to keep safe. | Fournier/LLC: acted as consultant, no duty. | Genuine issues of material fact; duty not foreclosed. |
| Was summary judgment proper against Fournier individually? | Fournier personally liable for conduct. | Contractual label as consultant negates individual duty. | Reversed; error to dismiss Fournier individually. |
| Should LLC be treated as general contractor for duty purposes? | LLC acted like GC; owed safety duty. | Label as consultant controls; no GC duty. | Labeling rejected; duties based on control/supervision, issues remain. |
| Did circuit court correctly focus on control of the job site? | Control/supervision creates safety duty. | No binding determination of control. | Issues of fact preclude summary judgment. |
Key Cases Cited
- Worthington Cmtys., Inc. v. Mejia, 28 So. 3d 79 (Fla. 2d DCA 2009) (control of job site creates duty to provide safe workspace)
- Garcia v. Biltmore Court Villas, Inc., 534 So.2d 1173 (Fla. 3d DCA 1988) (construction managers/architects can owe duty for safety)
- Conklin v. Cohen, 287 So.2d 56 (Fla. 1973) (architects/engineers can be liable for supervisory duties)
- Juno Indus., Inc. v. Heery Int'l, 646 So.2d 818 (Fla. 5th DCA 1994) (engineer/architect-like liability for construction managers)
- Moore v. PRC Eng'g, Inc., 565 So.2d 817 (Fla. 4th DCA 1990) (engineer liability for negligent supervision on project)