Coral v. GARRARD CRANE SERVICE, INC.
2011 Fla. App. LEXIS 8988
| Fla. Dist. Ct. App. | 2011Background
- Coral, as personal representative, sued Carpentry and Crane after decedent died repairing a crane leased to Tractor; three related entities were involved and owned by Louis Garrard V.
- Crane was leased from Altec; decedent was a leased employee of First Financial, which provided workers’ compensation coverage.
- The employee waiver in the First Financial lease attempted to waive claims against clients for injuries covered by workers’ compensation.
- Coral amended claims to include Tractor, Carpentry, and Crane; products liability claims settled with Terex and Hydraulic Machinery, leaving wrongful death claims against Carpentry and Crane.
- Carpentry sought summary judgment on workers’ compensation immunity and related defenses, asserting interrelation with Tractor and immunity under borrowed servant/section 440.11 but Coral disputed these links.
- The trial court granted summary judgment; the appellate court reversed and remanded, finding unresolved facts and pleading issues affecting immunity and liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether material facts remain about workers’ comp immunity and interrelation | Coral shows interrelation facts unresolved | Carpentry/Crane are immune due to interrelation and borrowing | Genuine issues exist; remand required |
| Whether second amended complaint properly states a claim and can support summary judgment | Complaint is poorly pleaded but raises liability theories | Ambiguity prevents resolution; require clarified pleading | Insufficient clarity; remand for amended pleading |
| Whether waiver in employee leasing agreement affects immunity defense | Waiver does not foreclose statutory immunity | Waiver broad enough to bar claims beyond statutory immunity | Waiver issues to be resolved on remand; potential enforceability to extent of immunity |
Key Cases Cited
- Halifax paving, Inc. v. Scott & Jobalia Construction Co., Inc., 565 So.2d 1346 (Fla. 1990) (reliance on theories of liability under various doctrines varies with pleading)
- Sherrill v. Corbett Cranes Services, Inc., 656 So.2d 181 (Fla. 5th DCA 1995) (discusses theories of liability in crane-related injuries)
- CSX Transp., Inc. v. Pasco Cnty., 660 So.2d 757 (Fla. 2d DCA 1995) (summary judgment standard and need for crystallized facts)
- A. & G. Aircraft Serv., Inc. v. Drake, 143 So.2d 703 (Fla. 2d DCA 1962) (standard for summary judgment burden on movant)
- Kratz v. Legac, 637 So.2d 29 (Fla. 2d DCA 1994) (summary judgment requires no genuine issues of material fact)
- Christian v. Overstreet Paving Co., 679 So.2d 839 (Fla. 2d DCA 1996) (cited for diligence on material facts in summary judgment)