Results

Matthew R. Olmsted and Victoria Godwin-Reese Successfully Defend Granting of Summary Judgment on Appeal

View ARTICLE

The plaintiff contended that he fell down an elevator shaft while working on a single-family home construction site in March of 2018.  Specifically, he alleged that Chartwell Law’s client and the general contractor, Daley Construction, along with relevant subcontractors, was negligent in installing elevator doors without posting signs warning against the use of those doors.  

Relying on Florida Statute 440.10 and 440.11’s extension of workers’ compensation immunity to general contractors, Matthew and Victoria filed a Motion for Summary Judgment.  The trial court for the 13th Judicial Circuit, in and for Hillsborough County, Florida, granted the Motion for Summary Judgment, and the plaintiff appealed.  

After a lengthy appeal, and with the assistance of appellate counsel Charles “Chip” George, the Florida Second District Court of Appeals affirmed the trial court’s order.

For an in-depth look at the effects of Florida Statute 440.10 and 440.11 on liability of general contractors, see Victoria’s article, “Shared Immunity,” at https://www.theclm.org/Magazine/articles/shared-immunity-workers-comp-florida/2295

Congratulations, Matthew and Victoria!