Summary Judgment Secured Landmark Workers’ Compensation Immunity Defense Case Involving Special Events and Festivals

CSK Defense Team
Miami Partners Samuel Basch and Joseph Goldberg

Case Summary
This lawsuit arose from an injury at a large food and wine festival in Miami-Dade County. The Plaintiff, a cook employed by a food vendor for the festival, sustained burns she slipped and fell into a deep fryer. After receiving workers’ compensation benefits through her employer, the Plaintiff filed a negligence action against the festival for simple negligence.

The central issue before the court was whether the event qualified as the Plaintiff’s statutory employer under Florida law in order to allow the festival to avail itself of worker’s compensation immunity, a complete bar to recovery.

Defense Strategy
The CSK Defense Team advanced a defense grounded in Florida’s statutory employer doctrine under Sections 440.10 and 440.11, Florida Statutes. The defense established that the ticket contract for the festival operated as a prime contract, and the festival subcontracted the services to the vendor. 

Relying on established Florida precedent, the team argued that the Plaintiff was performing work integral to the Defendant’s contractual obligations that was subcontracted out, making her a statutory employee as a matter of law.

Outcome
The court granted final summary judgment in favor of the Defendant, finding that it qualified as the Plaintiff’s statutory employer and was immune from suit under Florida’s workers’ compensation laws. The court also determined that the Plaintiff failed to present evidence sufficient to meet the strict legal standard required to overcome that immunity.

By resolving the case before trial, the CSK Defense Team eliminated further litigation exposure and demonstrated the effectiveness of a defense grounded in clear contractual relationships and established Florida law. With no direct law on point, this is the first known case finding that a ticket contract operates as a prime contract for the purposes of worker’s compensation immunity, allowing festivals and large events to avail themselves of immunity where the vendor’s employee suffers injury and obtains worker’s compensation benefits.