From our private database of 22,300+ case briefs...
Kane Furniture Corp. v. Miranda
Florida District Court of Appeal
506 So. 2d 1061 (1987)
Furniture retailer Kane Furniture Corporation (Kane) (defendant) also sold carpet for which it advertised free installation. Kane sold the installation portion of its business to Joseph Perrone, who thereafter provided those services for Kane customers. Kane provided Perrone with a small work area from which he assigned jobs to other installers. Perrone was not obligated to work exclusively for Kane, and Kane was free to use other installers. Kane did not supervise Perrone, who was responsible for his own work. Perrone and his installers also used their own equipment, owned and insured their own trucks, and were not reimbursed for mileage or other expenses. Perrone and his installers received training through outside apprenticeships. Kane paid Perrone based on a rate per yard of carpet installed and issued him a Form 1099 for nonemployees. Perrone did not have an employment agreement with Kane, and Kane did not provide Perrone or his installers with health insurance or other benefits. On a Saturday morning, an installer named Kraus finished a Kane installation for which Perrone had hired him. At about noon, Kraus and his helper drove to a bar in Kraus’s truck; at the bar, they proceeded to drink for four hours. Kraus then tried to drive his associate to Kane’s warehouse to retrieve the associate’s car. However, Kraus ran a stop sign at a high rate of speed and collided with a vehicle driven by Romulo Miranda (plaintiff). Miranda’s wife, who was a passenger in the vehicle, died in the crash. In Miranda’s wrongful-death action, the trial court granted summary judgment to Miranda, finding that Perrone was Kane’s employee and Kraus was Kane’s subemployee and that Kane was therefore liable for their conduct. A jury then awarded $2.3 million in damages to Miranda, and Kane appealed.
Rule of Law
Holding and Reasoning (Ryder, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 516,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 516,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.