Pimental v. John E. Cox Co.’s Empirical Analysis

Citation profile

5 federal appellate · 2 district · 21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`While the work on which the independent contractors and their employees were engaged might well be described as a common job, there was no "common employer" ...'" * * * * * * "We agree with the Massachusetts court that the mere fact that the plaintiff and Burns' employee were working on the same general project does not make them employees of a `common employer' ... And, as heretofore noted, if there was no liability as an employer under the Act, there was no immunity from suit as a third-party tortfeasor. Nor can the Corporation [owner] be considered a `contractor,' (and thus the `statutory' employer of Burns' and Grinnell's employees) within the meaning of Section 440.10 quoted supra, since the clear implication in this part of the Act is that there must be a contractual obligation on the part of the contractor, a portion of which he sublets to another. To `sublet' means to `underlet', Webster's New International Dictionary; in the context in which it is here used, the effect of subletting is to pass on to another an obligation under a contract for which the person so `subletting' is primarily obligated. The Corporation, under the facts here present, had no primary obligation under a contract which it was passing on to another. It was not, then, a `contractor' within the meaning of the Act."”

   2 later decisions quote this exact passage
   e.g. Smith v. Ussery · 72 So. 2d 285 - Jones v. Florida Power Corp.

2. “"It is the fact that such contractor or employer is insured and that the protection of such insurance must, under the statute, extend to all workmen on the job whether or not employed immediately by the general contractor or employer * * * which gives such general contractor or employer and all persons or corporations engaged on the job as employees, independent contractors or subcontractors — irrespective of whether such independent contractors or subcontractors are also insured — immunity against actions at law brought by or in the right of other employees so engaged. * * * We think that a group of independent contractors insured under the act, though their insurance in combination covers all the employees on the work which is being done for an owner of property, is not an adequate substitute for a `common employer insured under the act' whose existence gives the work as a whole the character of a common job or employment, within the scope of which actions at law for damages cannot be brought between persons engaged thereon as employees or independent contractors or subcontractors. In such a situation there is no basis for immunity of an independent contractor outside the scope of the insurance which such independent contractor has himself procured. This is the situation in the present case. The plaintiff was outside the scope of the insurance under the workmen's compensation law procured by the defendant."”

   1 later decision quote this exact passage
   e.g. 72 So. 2d 285 - Jones v. Florida Power Corp.

3. “`to sweep within its provisions all claims for compensation flowing from personal injuries arising out of and in the course of employment by a common employer'”

   1 later decision quote this exact passage
   e.g. 72 So. 2d 285 - Jones v. Florida Power Corp.