Cartier v. Florida Power & Light Co.
| Citation | 594 So.2d 755 |
| Decision Date | 10 September 1991 |
| Docket Number | No. 91-336,91-336 |
| Court | Court of Appeal of Florida (US) |
| Parties | Thomas CARTIER, Appellant, v. FLORIDA POWER & LIGHT COMPANY, a Florida corporation, Appellee. 594 So.2d 755, 16 Fla. L. Week. D2369 |
Goldfarb & Gold, and Anthony Soto, and L. Barry Keyfetz, Miami, for appellant.
Stephen P. Walroth, Tampa, for appellee.
Before FERGUSON, JORGENSON and GERSTEN, JJ.
Appellant, Thomas Cartier (Cartier), appeals a final summary judgment in favor of appellee, Florida Power & Light Company (FPL). We affirm.
FPL is a self-insured utility, providing its own workers' compensation insurance. FPL hired an independent contractor to perform work at one of its power plants. Cartier was an employee of the independent contractor.
The contract between FPL and the independent contractor required FPL to provide workers' compensation coverage for the independent contractor's employees under FPL's self-insurance program. After the contract was executed, Cartier was injured during his regular employment at the power plant. FPL, pursuant to its contractual duty, provided workers' compensation benefits for Cartier. Cartier later sued FPL for negligence. FPL claimed immunity as the provider of workers' compensation to Cartier.
Cartier contends that although FPL provided workers' compensation insurance, it is still liable for negligence as the owner of the power plant. FPL asserts that it is immune from Cartier's tort action because it provided workers' compensation coverage, as a self-insured utility, under section 440.571, Florida Statutes (1989).
Section 440.571 is a self-insurance provision in the workers' compensation statute. This section authorizes self-insuring utilities to provide coverage for employees of subcontractors. It facilitates utilities' compliance with the requirements of the immunity provision of the workers' compensation statute. Section 440.11, Fla.Stat., (1989).
Section 440.11, and its preamble, requires that in order to gain immunity, a) the self-insured public utility must be legally obligated to provide insurance coverage; b) it must in fact provide adequate coverage; and c) the work performed must be on or adjacent to the utility's property. Thus, if at the time of the accident: a) FPL had a contractual obligation to provide coverage; b) if it did provide coverage; and c) if the work was done on FPL's property, then section 440.11 provides immunity from...
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Deen v. Quantum Resources, Inc.
...protection of FP & L's immunity from suit. The trial court granted the motions for summary judgment based on [Cartier v. Florida Power & Light Co., 594 So.2d 755 (Fla. 3d DCA 1991)]. Deen, 713 So.2d at 1076 (Patterson, J., The Second District majority cited Cartier, affirmed without analysi......
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Robbins v. Florida Power & Light Co.
...for appellee. Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ. PER CURIAM. Affirmed on the authority of Cartier v. Florida Power & Light Co., 594 So.2d 755 (Fla. 3d DCA1991), review denied, 602 So.2d 941 ...
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Deen v. Quantum Resources, Inc.
...and Robert B. Sendler, Juno Beach, for Appellee Florida Power & Light Company. PER CURIAM. Affirmed. See Cartier v. Florida Power & Light Co., 594 So.2d 755 (Fla. 3d DCA 1991). However, we certify the following question to the Florida Supreme DOES A SELF-INSURED PUBLIC UTILITY WHICH UNDERTA......