Holiday Carpet Service, Inc. v. Butler

District Court of Appeal of Florida

Holiday Carpet Service, Inc. v. Butler

669 So. 2d 302, 1996 Fla. App. LEXIS 1568, 1996 WL 72149

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 1996

DocketNo. 95-1878

StatusPublished

This text of 669 So. 2d 302 (Holiday Carpet Service, Inc. v. Butler) 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

Holiday Carpet Service, Inc. v. Butler, 669 So. 2d 302, 1996 Fla. App. LEXIS 1568, 1996 WL 72149 (Fla. Ct. App. 1996).

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Opinion

SCHWARTZ, Chief Judge.

Holiday Carpet Service, Inc. appeals from an adverse judgment on a jury verdict based on the claim that, during the course of a job at Mt. Sinai Hospital, its installers negligently moved a rug into an area where the plaintiff, a Mt. Sinai nurse, tripped over it as she left an elevator. Pretermitting consideration of the appellant’s other substantial arguments, we reverse for entry of judgment in its favor on the controlling authority of Carrasquillo v. Holiday Carpet Serv., Inc., 615 So.2d 862 (Fla. 3d DCA 1993). In that case, we held, as a matter of law, that this very appellant’s installers were independent contractors for whose negligence during their assigned work it was not liable. It is self-evidently impossible to distinguish that case from this one.

Reversed.

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SCHWARTZ, Chief Judge.

Holiday Carpet Service, Inc. appeals from an adverse judgment on a jury verdict based on the claim that, during the course of a job at Mt. Sinai Hospital, its installers negligently moved a rug into an area where the plaintiff, a Mt. Sinai nurse, tripped over it as she left an elevator. Pretermitting consideration of the appellant’s other substantial arguments, we reverse for entry of judgment in its favor on the controlling authority of Carrasquillo v. Holiday Carpet Serv., Inc., 615 So.2d 862 (Fla. 3d DCA 1993). In that case, we held, as a matter of law, that this very appellant’s installers were independent contractors for whose negligence during their assigned work it was not liable. It is self-evidently impossible to distinguish that case from this one.

Reversed.

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669 So. 2d 302, 1996 Fla. App. LEXIS 1568, 1996 WL 72149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holiday-carpet-service-inc-v-butler-fladistctapp-1996.

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