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Keywords

contractnegligenceliabilitystatutetrialworkers' compensationlegislative intentappellee
contractliabilitystatutetrialworkers' compensationlegislative intentappellee

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Walker & LaBerge, Inc. v. Halligan, 344 So.2d 239

Facts

On October 6, 1972, the appellee, an employee of Economy Electric, was injured on a condominium project when struck by a crate of glass. The crate was either in the possession of the glazier subcontractor, Walker & LaBerge, Inc., or a delivery company. The appellee alleged negligence on the part of the glazier in the handling of the glass. The glazier claimed immunity under Florida Statutes Sections 440.10 and 440.11, which were in effect at the time of the accident.

On October 6, 1972, the appellee, an employee of Economy Electric, was injured on a condominium project when struck by a crate of glass.

Issue

Whether the glazier subcontractor was entitled to statutory immunity from liability for the employee's injuries under the Florida Workers' Compensation Act.

Whether the glazier subcontractor was entitled to statutory immunity from liability for the employee's injuries under the Florida Workers' Compensation Act.

Rule

A subcontractor is not liable for the payment of compensation to the employees of another subcontractor and is not protected by the exclusiveness of liability provisions from an action at law or in admiralty on account of injury of such employee of another subcontractor.

A subcontractor is not liable for the payment of compensation to the employees of another subcontractor and is not protected by the exclusiveness of liability provisions from an action at law or in admiralty on account of injury of such employee of another subcontractor.

Analysis

The court analyzed the legislative intent behind the amendatory statute and determined that it was intended to operate prospectively. Since the injury occurred before the enactment of the amendment, the glazier subcontractor was entitled to claim statutory immunity based on the law as it existed at the time of the injury. The court emphasized that substantive rights established at the time of the injury should not be disturbed by subsequent legislative changes.

The court analyzed the legislative intent behind the amendatory statute and determined that it was intended to operate prospectively.

Conclusion

The Supreme Court reversed the trial court's decision and remanded the case, affirming that the glazier subcontractor was entitled to statutory immunity.

The Supreme Court reversed the trial court's decision and remanded the case, affirming that the glazier subcontractor was entitled to statutory immunity.

Who won?

Walker & LaBerge, Inc. prevailed in the case because the Supreme Court found that the amendatory statute did not retroactively apply and upheld the glazier's claim of statutory immunity.

Walker & LaBerge, Inc. prevailed in the case because the Supreme Court found that the amendatory statute did not retroactively apply and upheld the glazier's claim of statutory immunity.

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