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Christine Quinn v. CP Franchising, LLC, Cruise Planners etc.
Citations: 208 So. 3d 141; 2016 Fla. App. LEXIS 15605Docket: 16-0257
Court: District Court of Appeal of Florida; October 18, 2016; Florida; State Appellate Court
Original Court Document: View Document
Claimant Christine Quinn appealed a final order from the Judge of Compensation Claims (JCC) regarding her trip and fall in a parking lot adjacent to her employer’s leased premises on May 1, 2015. The JCC concluded that the injury did not arise out of or occur in the course of employment, affirming the applicability of the "going and coming" rule, which typically excludes injuries occurring off employer premises during commutes. The JCC found that none of the exceptions to this rule applied, specifically noting that no special hazards were present in the parking lot where the fall occurred. Evidence showed the parking lot had a consistent groove between the asphalt and concrete, but no other hazards were identified. The JCC determined the employer had insufficient control over the parking lot, which was not leased to them and was open to public use. The employer's lease allowed for 32 unassigned parking spaces without specific control over maintenance or use, failing to qualify as a "special use" area. The court referenced precedents, including Evans v. Holland and Silva v. General Labor Staffing Services, to support the conclusion that the injury was not compensable under workers’ compensation law. The appellate court affirmed the JCC's findings, emphasizing the lack of control and habitual special use by the employer.