Brockney v. Centel Cellular Co. of Fort Walton Beach Ltd. Partnership

I respectfully dissent because, in my view, the trial court erred in granting Cen-*450tel Cellular Company’s (“Centel”)1 motion for summary judgment on the ground that Centel had no duty to the decedent, Randy Brockney, under the facts of this case.

The decedent was an employee of Excel Communications (“Excel”), an independent contractor hired by Centel to mount antennas on its cellular telephone tower. The decedent was killed on April 18, 2002, while operating a four-wheel, all-terrain vehicle (“ATV”) during the course and scope of his employment as supervisor of an Excel maintenance crew, which…