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MIDYETTE v. MADISON

No. 74091.

559 So.2d 1126 (1990)

Payne H. MIDYETTE, Petitioner, v. Larry Donnell MADISON, et ux., et al., Respondents.

Supreme Court of Florida.

April 12, 1990.

Attorney(s) appearing for the Case

R. William Roland of Karl, McConnaughhay, Roland & Maida, P.A., Tallahassee, for petitioner.

Michael F. Coppins of Douglass, Cooper, Coppins & Powell, Tallahassee, and Stephen W. Carter of Martinez, Dalton & Provencher, Orlando, for respondents.

John E. Norris of Norris & Koberlein, P.A., Lake City, and Mallory E. Horne, Agriculture & Consumer Services, Tallahassee, amicus curiae, for Florida Forestry Ass'n and State of Fla. Div. of Forestry.

KOGAN, Justice.

We have for review Madison v. Midyette, 541 So.2d 1315, 1319 (Fla. 1st DCA 1989), which certified the following question of great public importance:

Is the clearing of land by fire, and its resulting natural consequence, smoke, an inherently dangerous activity which may cause liability to be fastened upon the employer of an independent contractor for personal injuries suffered by third persons outside...

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