Curran v. Cedars of Lebanon Hospital Corp.

District Court of Appeal of Florida

Curran v. Cedars of Lebanon Hospital Corp.

469 So. 2d 872, 10 Fla. L. Weekly 1228, 1985 Fla. App. LEXIS 14286

CourtDistrict Court of Appeal of Florida

DecidedMay 14, 1985

DocketNo. 84-659

StatusPublished

This text of 469 So. 2d 872 (Curran v. Cedars of Lebanon Hospital Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Curran v. Cedars of Lebanon Hospital Corp., 469 So. 2d 872, 10 Fla. L. Weekly 1228, 1985 Fla. App. LEXIS 14286 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

We conclude that the evidence adduced at trial, and the reasonable inferences which might be drawn therefrom, viewed most favorably to the appellant, presented a question to be resolved by the jury as to whether Cedars of Lebanon Hospital Corporation, the owner of thé construction project, actively participated in and asserted direct control over the project so as to preclude the entry of a directed verdict in Cedars’ favor on the ground that it was immune from liability under the workers’ compensation law. See Conklin v. Cohen, 287 So.2d 56 (Fla.1973); Jones v. Florida Power Corp., 72 So.2d 285 (Fla.1954). Accordingly, the judgment in favor of Cedars is reversed and the cause remanded for a new trial.

Reversed and remanded.

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PER CURIAM.

We conclude that the evidence adduced at trial, and the reasonable inferences which might be drawn therefrom, viewed most favorably to the appellant, presented a question to be resolved by the jury as to whether Cedars of Lebanon Hospital Corporation, the owner of thé construction project, actively participated in and asserted direct control over the project so as to preclude the entry of a directed verdict in Cedars’ favor on the ground that it was immune from liability under the workers’ compensation law. See Conklin v. Cohen, 287 So.2d 56 (Fla.1973); Jones v. Florida Power Corp., 72 So.2d 285 (Fla.1954). Accordingly, the judgment in favor of Cedars is reversed and the cause remanded for a new trial.

Reversed and remanded.

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469 So. 2d 872, 10 Fla. L. Weekly 1228, 1985 Fla. App. LEXIS 14286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curran-v-cedars-of-lebanon-hospital-corp-fladistctapp-1985.

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