International Union Operating Engineers and International Union Operating Engineers v. Murl Long and Sally Long - Third District Court of Appeal of Florida

International Union Operating Engineers and International Union Operating Engineers v. Murl Long and Sally Long

By Third District Court of Appeal of Florida

  • Release Date: 1978-09-19
  • Genre: Law

Description

Appellants, two of the defendants below, bring this appeal from a final judgment entered pursuant to a jury verdict awarding appellees, plaintiffs below, total compensatory damages of $400,000 and total punitive damages of $400,000. We reverse. During 1972, L & A Contracting Company, defendant below (not a party to this appeal), was a subcontractor at what was known as the Aventura job site. L & A was engaged in the placement of manholes and the laying of conduit under a contract with Southern Bell Telephone Company. A continuing labor dispute was occurring at the job site. Appellant International Union of Operating Engineers, Local 487 (hereinafter referred to as Local) was claiming jurisdiction over the entire job site and a confrontation occurred between Local and L & A's employees who were not members of Local. During this confrontation, members of the Local engaged in a variety of abusive and threatening conduct toward L & A's employees. The confrontation reached the point where members of Local assaulted and battered several L & A employees. Officers of the Dade County Public Safety Department had to be called in to restore order, etc. While the officers were still nearby on the scene, Edward Walker, an employee of L & A, started back to work by operating a backhoe. Members of Local began intimidating Walker. Walker, while operating the backhoe under these conditions, allowed the top of the backhoe to come in contact with some high-tension wires located in the area. The wires broke and fell to the ground some distance away from where they were hit. The wires struck appellee Murl Long who was an innocent bystander. As a result, Murl Long was seriously injured and permanently incapacitated.