MILLS v. KRAUSS

No. 999.

114 So.2d 817 (1959)

W.H. MILLS, Albert H. Jones, and James M. Guelker, doing business as Mills & Jones, Appellants, v. Otto KRAUSS, doing business as Krauss, and Krauss Roofing Company, Inc., a corporation, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 26, 1959.


Attorney(s) appearing for the Case

Grazier, Greene & Coit, St. Petersburg, and Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

Edmund T. Shubrick and Mann, Harrison & Mann, St. Petersburg, for appellees.


STEPHENSON, GUNTER, Associate Judge.

The trial court on appellees' motion for a summary judgment ruled as a matter of law that where a general contractor subcontracts a portion of construction work to an independent contractor, the general contractor is not liable to the owner of the premises for damages caused thereto by the negligence of the subcontractor in failing to perform the work properly. This holding cannot be sustained and the judgment is reversed.

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