Miami Appellate Partner Bonnie Sack secured an appellate victory in the Second District Court of Appeal in the matter styled Chastain. v. Imperial Lakes Estates Condominium Association, Inc. At the trial level, we obtained summary judgment on behalf of the condominium association based on workers’ compensation immunity. The plaintiff was allegedly injured while working for one of our subcontractors. The nuanced legal issue concerned whether the association itself was a contractor that could avail itself of worker’s compensation immunity as the statutory employer of the employees of its subcontractor. Plaintiff argued that the Association’s duty to maintain association property is a statutory duty and therefore the association could not be a statutory employer under 440.10. We argued that the Declaration of Association is a contract that obligates the Association to provide a service to the unit owners, in this case landscaping and irrigation. There is arguably a split on this issue between the Third and Fourth Districts, with the trial court, Judge Charles Sniffen, Circuit Court for Manatee County, finding that the association was the statutory employer. The Second District agreed, affirming without a written opinion. Additionally, the appellate court granted our Motion for Appellate Fees based on a rejected proposal for settlement.

Trial Verdicts and Results
Case:
Chastain v. Imperial Lakes Estates Condominium Association, Inc.
Practice Area:
Appeals | Litigation SupportAttorney(s) :
Result:
Appellate Win
Summary:


