Legal Opinion
Continental Florida Materials Inc. v. Kusherman
District Court of Appeal of Florida
Decided April 25, 2012No. 4D10-4116PublishedCited by 3 opinions
1Opinion of the CourtMay, C.J.
A construction site accident, contractual provisions, and Fabre1 are the ingredients of this appeal. The defendants argue, among other issues, the trial court erred in entering a summary judgment in favor of the plaintiff on liability. We agree and reverse.
On the day of the accident, the defendant driver was delivering cement to the construction site. Upon entering the site and approaching the dumping area, the driver passed the plaintiff, a flagman working for the general contractor through a temporary work agency. The driver backed the cement truck up to the dumping area and dumped the…
2Cases cited16 opinions
- Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
- Fabre v. MarinSupreme Court of Florida · 1993
- Wells v. Tallahassee Mem. Med. CenterSupreme Court of Florida · 1995
- Nash v. Wells Fargo Guard Services, Inc.Supreme Court of Florida · 1996
- Charles Poe Masonry, Inc. v. SPRING LOCK SCAFFOLDIND RENTAL EQUIPMENT CO.Supreme Court of Florida · 1979
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3Cited by3 opinions
- Dennis Damio and Penny Damio v. Marine Hospitality Corporation, Viden Corporation, and Ori Avraham Gordin and Teresa Shelley, as Personal Representative of the Estate of Shelley w. ShelleyDistrict Court of Appeal of Florida · 2016
- Modis, Inc v. Net Matrix Solutions, Inc., Texas Court of Appeals, 14th District (Houston)2015
- Simon v. SimonDistrict Court of Appeal of Florida · 2012