Green v. Ebsary Foundation Co.

District Court of Appeal of Florida

Green v. Ebsary Foundation Co.

920 So. 2d 127, 2006 Fla. App. LEXIS 686, 2006 WL 168000

CourtDistrict Court of Appeal of Florida

DecidedJanuary 25, 2006

DocketNo. 3D04-2770

StatusPublished

This text of 920 So. 2d 127 (Green v. Ebsary Foundation Co.) 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

Green v. Ebsary Foundation Co., 920 So. 2d 127, 2006 Fla. App. LEXIS 686, 2006 WL 168000 (Fla. Ct. App. 2006).

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Opinion

SHEPHERD, J.

Affirmed. See Roberts v. Dacra Design Assocs., Ltd., 766 So.2d 1184, 1184 (Fla. 3d DCA 2000)(“When an independent contractor goes to a construction site, he must anticipate that there may be construction materials on the premises, and that working conditions on the site may be less favorable than would be true once the work has been completed.”); Parrish v. Matthews, 548 So.2d 725, 725 (Fla. 3d DCA 1989)(when an injury occurs as a result of a condition the plaintiff was “engaged to correct,” summary judgment is properly entered for the defendant); McCarty v. Dade Div. of Am. Hosp. Supply, 360 So.2d 436, 438 (Fla. 3d DCA 1978)(where an employee is injured as a proximate result of conditions and defects which his employer, an independent contractor, is engaged to correct, liability of third party cannot be predicated on such unsafe conditions because employee has actual or constructive notice of such conditions).

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SHEPHERD, J.

Affirmed. See Roberts v. Dacra Design Assocs., Ltd., 766 So.2d 1184, 1184 (Fla. 3d DCA 2000)(“When an independent contractor goes to a construction site, he must anticipate that there may be construction materials on the premises, and that working conditions on the site may be less favorable than would be true once the work has been completed.”); Parrish v. Matthews, 548 So.2d 725, 725 (Fla. 3d DCA 1989)(when an injury occurs as a result of a condition the plaintiff was “engaged to correct,” summary judgment is properly entered for the defendant); McCarty v. Dade Div. of Am. Hosp. Supply, 360 So.2d 436, 438 (Fla. 3d DCA 1978)(where an employee is injured as a proximate result of conditions and defects which his employer, an independent contractor, is engaged to correct, liability of third party cannot be predicated on such unsafe conditions because employee has actual or constructive notice of such conditions).

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920 So. 2d 127, 2006 Fla. App. LEXIS 686, 2006 WL 168000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-ebsary-foundation-co-fladistctapp-2006.

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