C & S Crane Service, Inc. v. Negron, 73--434

Decision Date11 December 1973
Docket NumberNo. 73--434,73--434
Citation287 So.2d 108
PartiesC & S CRANE SERVICE, INC., and Travelers Insurance Company, a Connecticut corporation, Appellants, v. Frank NEGRON, Appellee.
CourtFlorida District Court of Appeals

Carey, Dwyer, Austin, Cole & Selwood and Steven R. Berger, Miami, for appellants.

Nachwalter & Falk, Miami, for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.

PER CURIAM.

Defendant-appellants appeal an adverse final judgment entered pursuant to a directed verdict on the issue of liability and a jury verdict on the issue of damages in favor of plaintiff.

The facts which are before the court are as follows: Palm Springs Gardens, Inc. contracted with the M. Hersman Construction Company to construct the skeletal portion of an apartment building. That contract provided in part that (1) the owner, Palm Springs Gardens, Inc., was acting as general contractor, (2) M. Hersman Construction was not obliged to act as general contractor, (3) Hersman Construction as a service to the owner would obtain a work permit from the city for performance of all of the work on the job site, and (4) the owner agreed to indemnify and hold harmless Hersman Construction for any liability or cause of action brought against Hersman as a result of obtaining the work permit or as a result of any subcontractor, government agency or other person suing or bringing claim against Hersman Construction in some manner arising out of the procuring of the work permit. Palm Springs Gardens, Inc. individually contracted with an electrician and a plumber. Hersman Construction orally contracted with Seacoast Steel for the installation of the steel frame, with Express Concrete for the pouring of the concrete and with the appellant, C & S Crane, for the rental of a crane and a crane operator.

Plaintiff-appellee, Frank Negron, was employed by Seacoast Steel as an iron worker on the job site. While working, plaintiff received injuries when the crane operated by an employee of the appellant, C & S Crane, moved too quickly and knocked over a portion of a concrete wall onto him. Plaintiff, joined by his wife, filed an amended complaint for damages against C & S Crane Service, Inc. and its insurer, Travelers Insurance Company. At the close of the defendants' case, both parties moved for a directed verdict. The defendants argued that M. Hersman Construction was a general contractor and, theefore, all subcontractors were immune from liability. Plaintiff's motion for directed verdict on the issue of negligence was granted by the trial court and the issue of damages was submitted to the jury which returned a...

To continue reading

Request your trial
4 cases
  • Motchkavitz v. L. C. Boggs Industries, Inc.
    • United States
    • Florida District Court of Appeals
    • June 4, 1980
    ...690 (1940) 1 and has rejected immunity when there were as here an owner-builder and an independent contractor, C & S Crane Service, Inc. v. Negron, 287 So.2d 108 (Fla.3d DCA 1973), cert. denied, 296 So.2d 49 (Fla.1974). Appellants chronicle numerous decisions. We hold that in determining wh......
  • Motchkavitz v. L. C. Boggs Industries, Inc.
    • United States
    • Florida Supreme Court
    • December 10, 1981
    ...upon a question of great public importance. The court also certified that its decision is in conflict with C & S Crane Service, Inc. v. Negron, 287 So.2d 108 (Fla.3d DCA 1973), cert. denied, 296 So.2d 49 (Fla.1974). We have jurisdiction. Art. V, § 3(b) (4), In 1972, Zuckerman-Vernon Corpora......
  • Chase v. Tenbroeck
    • United States
    • Florida District Court of Appeals
    • May 26, 1981
    ...Independent Steel contracted. See Motchkavitz v. L. C. Boggs Industries, Inc., 384 So.2d 259 (Fla.4th DCA 1980); C & S Crane Service, Inc. v. Negron, 287 So.2d 108 (Fla.3d DCA), cert. denied, 296 So.2d 49 (Fla.1974). Central to our decision in this appeal is a determination concerning wheth......
  • C & S Crane Service, Inc. v. Negron
    • United States
    • Florida Supreme Court
    • June 7, 1974
    ...Insurance Company, etc., Petitioners, v. Frank NEGRON, Respondent. No. 45041. Supreme Court of Florida. June 7, 1974. Certiorari denied. 287 So.2d 108. ROBERTS, Acting C.J., and ERVIN, McCAIN, DEKLE and OVERTON, JJ., ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT