James v. Hernandez, Premier Construction-Residential, LLC

Summary

The Florida First District Court of Appeal affirmed summary judgment for Premier Construction-Residential, LLC in a negligence action arising from a bicycle-vehicle collision. The court held that the record contained no significantly probative evidence that Premier controlled the methods by which Abraham Hernandez, a painting subcontractor, performed his work, rather than merely controlling scheduling, outcomes, and project specifications. Accordingly, Hernandez was an independent contractor and Premier was not vicariously liable for his alleged negligence.

Holdings

1. Summary judgment is proper when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law; evidence that is merely colorable or not significantly probative does not preclude summary judgment.
2. Premier was not vicariously liable for Hernandez because the record established that Hernandez was an independent contractor, not Premier's agent. The relevant inquiry focused on Premier's right to control the manner and method of Hernandez's work, not merely on Premier's coordination of schedules, deadlines, locations, or desired outcomes.

Questions Presented

1. Whether the trial court properly granted summary judgment to Premier on the issue of whether Hernandez was Premier's agent or an independent contractor.
2. Whether the evidence that Premier scheduled work, specified paint colors, directed sequencing, addressed repairs, and provided limited training created a genuine dispute of material fact concerning Premier's control over Hernandez's methods of performing the painting work.

Disposition

affirmed