Teed v. Everest Campus East, LLC
The Second DCA reversed summary judgment, holding that Everest was not entitled to horizontal workers'-compensation immunity under section 440.10(1)(e) because neither it nor Bay Guard worked for a statutory 'contractor.' An entity qualifies as a 'contractor' only if its primary obligation to perform the work arises from a contract with a third party; the complex owner's duty to maintain its own property arose from ownership, not a third-party contract, so no horizontal immunity existed.
Key facts
- Jackie Teed was injured servicing a pool at a Tampa apartment complex while employed by Bay Guard Pool Services, which contracted directly with the complex owner to maintain the pool; Teed collected workers' compensation benefits through Bay Guard.
- Teed then sued the complex's property manager, Everest Campus East, LLC, for premises negligence (failure to maintain and failure to warn); Everest managed the complex under a management agreement with the owner.
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Holdings
- Horizontal (co-subcontractor) immunity under section 440.10(1)(e) exists only among subcontractors working for a 'contractor,' and an entity is a 'contractor' only where its primary…
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Why it matters
This opinion is significant for premises-liability plaintiffs' counsel and workers'-compensation defense practitioners: it forecloses a common defense strategy in which property managers, vendors, and other on-site… — full analysis with a trial
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