Cuero v. Ryland Group, Inc.’s Empirical Analysis
2003
Citation profile
4 state decisions
Relationships
Relies on 72 So. 2d 285 - Jones v. Florida Power Corp. · 468 So. 2d 417 - Cadillac Fairview of Florida, Inc. v. Cespedes · 202 So. 2d 752 - Allison Developments, Inc. v. Rudasill · 757 So. 2d 539 - Miami-Dade County v. Acosta · 387 So. 2d 1035 - SOUTH SEAS PLANTATION v. Acevedo
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In case a contractor sublets any part or parts of his or her contract work to a contractor or subcontractors, all of the employees of such contractor and subcontractor or subcontractors engaged on such contract work shall be deemed to be employed in one and the same business or establishment, and the contractor shall be liable for, and shall secure, the payment of compensation to all such employees, except to employees of any subcontractor who has secured such payment.”
2 later decisions quote this exact passage“Every employer coming within the provisions of this chapter shall be liable for and shall secure, the payment to his or her employees,.... Any contractor or subcontractor who engages in any public or private construction in the state shall secure and maintain compensation for his or her employees under this chapter as provided in s. 440.38.”
2 later decisions quote this exact passage“The liability of an employer prescribed in s. 440.10 shall be exclusive and in place of all other liability, including vicarious liability, of such employer to any third-party tortfeasor and to the employee, the legal representative thereof, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death, except as follows: (a) If an employer fails to secure payment of compensation as required by this chapter.... (b) When an employer commits an intentional tort that causes the injury or death of the employee. For purposes of this paragraph, an employer’s actions shall be deemed to constitute an intentional tort and not an accident only when the employee proves, by clear and convincing evidence, that: 1. The employer deliberately intended to injure the employee; or 2. The employer engaged in conduct that the employer knew, based on prior similar accidents or on explicit warnings specifically identifying a known danger, was virtually certain to result in injury or death to the employee, and the employee was not aware of the risk because the danger was not apparent and the employer deliberately concealed or misrepresented the danger so as to prevent the employee from exercising informed judgment about whether to perform the work. The same immunities from liability enjoyed by an employer shall extend as well to each employee of the employer when such employee is acting”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.