Teed v. Everest Campus East, LLC, and Bay Guard Pool Services

Summary

The Florida Second District Court of Appeal reversed summary judgment in favor of Everest Campus East, LLC, on the basis of horizontal workers' compensation immunity. The court held that Everest did not qualify as a subcontractor under section 440.10(1)(e), Florida Statutes, because the property owner had no primary contractual obligation to a third party that was delegated to Everest or Bay Guard Pool Services. The case was remanded for further proceedings on the plaintiff's negligence claim.

Holdings

1. Everest was not entitled to horizontal workers' compensation immunity because the record did not show that the property owner had a primary contractual obligation to a third party to maintain the premises or pool that it had subcontracted to Everest or Bay Guard. Without a qualifying contractor, Everest could not be a qualifying subcontractor under section 440.10(1)(e).
2. The trial court erred in granting summary judgment to Everest on the basis of workers' compensation immunity.

Questions Presented

1. Whether Everest Campus East, LLC qualified as a subcontractor entitled to horizontal workers' compensation immunity under section 440.10(1)(e), Florida Statutes (2023).
2. Whether the trial court erred by entering summary judgment on Teed's negligence claim based on that immunity.

Disposition

reversed_and_remanded