Summary
reversing for entry of judgment in favor of the appellant on the authority of Carrasquillo and noting that "[i]n that case, we held, as a matter of law, that this very appellant's installers were independent contractors for whose negligence during their assigned work it was not liable"
Summary of this case from Garcia v. S. Cleaning Serv.Opinion
No. 95-1878.
February 21, 1996. Rehearing Denied March 27, 1996.
An Appeal from the Circuit Court for Dade County, Michael H. Salmon, Judge.
Dittmar Hauser and Helen Ann Hauser, for appellant.
Sutton and Montoto and John R. Sutton and Teddy L. Montoto, for appellee.
Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.
Holiday Carpet Service, Inc. appeals from an adverse judgment on a jury verdict based on the claim that, during the course of a job at Mt. Sinai Hospital, its installers negligently moved a rug into an area where the plaintiff, a Mt. Sinai nurse, tripped over it as she left an elevator. Pretermitting consideration of the appellant's other substantial arguments, we reverse for entry of judgment in its favor on the controlling authority of Carrasquillo v. Holiday Carpet Serv., Inc., 615 So.2d 862 (Fla. 3d DCA 1993). In that case, we held, as a matter of law, that this very appellant's installers were independent contractors for whose negligence during their assigned work it was not liable. It is self-evidently impossible to distinguish that case from this one.
Reversed.