How a Structural Building Violation Ended in a Major Court Case

Sutton Law Group • Dec 13, 2021

In 2008 and 2009, John R. Sutton and Sutton Pomares Law Group PA worked on the case Worthington Communities Inc. vs. Mejia in the Florida Second District Court of Appeals. The case revolved around a construction worker who ended up paralyzed seeking damages from the owner of the site he was building. The case was of national interest, not only because of the tragic nature of the accident, but because of the law precedent it stood to set.

Men working at the construction site — S. Miami, FL — Sutton Law Group

Here’s how the hierarchy of a construction project normally goes. The property that needs to be built is owned by an owner. The owner hires a general contractor to build the property. The general contractor then hires various subcontractors to complete the different jobs that need to be done on the project – such as plumbing, scaffolding, electric, etc.


Generally, if a construction worker gets injured on the job, they can only seek worker’s compensation benefits from their employer. That employer may be one of the companies that was subcontracted to do a specific job on the work site, or possibly even the general contractor. A construction worker cannot seek benefits from the owner of the property – since the owner is not directly involved in anything that made the work site unsafe and led to the accident.


Of course, there is a rare exception to the rule: when the owner is also the general contractor. In this case, the owner is operating in the position where they can create a dangerous environment that leads to construction accidents. It can also happen when the owner is not technically the general contractor, but is behaving as one for all intents and purposes.


In the case of Worthington vs. Mejia, the property owner of several condominiums was also acting as the general contractor for a construction project. A structural building violation led to a 3,700 pound bundle falling on one of the construction workers, Mr. Mejia, leaving him paralyzed. Mr. Mejia and his wife sued the property owner, arguing that his role as the general contractor left him responsible for creating an unsafe work environment.


The court agreed, awarding the Mejias damages of $6.5 million dollars. When Worthington appealed the decision, the court once again found him responsible (with the help of our fearless leader John R. Sutton.) This led to a major win and payday for the Mejia family, but also a new legal precedent. If the property owner cannot be sued for construction accidents, and the general contractor can be, when they are one and the same, they still get sued.


At Sutton Law Group, we know how dangerous construction accidents can be. We also know how valuable the damages can be to those victims of workplace accidents, in their time to heal and pay for recovery. If you have been injured in a workplace accident, contact Sutton Law Group today! We are dedicated to protecting your rights.

Cruise line ship — S. Miami, FL — Sutton Law Group

Who is Responsible For Injuries On a Cruise Line?

By Sutton Law Group • 02 Jan, 2022
At the moment, it seems like the cruise line industry may have been permanently injured by the COVID-19 pandemic. The sad truth, however, is that plenty of customers have been permanently injured by the cruise line industry over the years. Slips and falls and other injuries are common on cruise lines, not to mention accidents where customers fall overboard. When you are on a ship in the middle of the ocean, who is responsible for injuries sustained?
Man at the construction site — S. Miami, FL — Sutton Law Group

What Can Happen If You Violate OSHA’s Rules and Regulations?

By Sutton Law Group • 14 Nov, 2021
The Occupational Safety and Health Administration, commonly known as OSHA , is a federal agency that focuses on keeping work conditions safe and healthy for employees across the country. To ensure that, they set safety standards, provide education and assistance in meeting them, and enforce them when they are not being met. They operate independently, but workers can also request their help when they feel unsafe in their workplace.
Typing on the laptop keyboard — S. Miami, FL — Sutton Law Group

It’s Not Weird Anymore: The Truth About Premarital Agreements

By Sutton Law Group • 14 Oct, 2021
For years, the common perception about Premarital Agreements was that they were niche at best and damning at worst. A Premarital Agreement, sometimes known as a Prenuptial Agreement or a “Prenup,” is a legal contract created between two fiancées that dictates the ownership of their individual assets should the marriage fail. In the last decade, they have gone from relatively obscure to commonplace – so it might be time to reevaluate what we think that we know about them.
Putting coin into the piggybank — S. Miami, FL — Sutton Law Group

Start Saving Now: 6 Tips To Help You Financially Prepare For Divorce

By Sutton Law Group • 22 Sep, 2021
No matter what financial situation you are accustomed to, things will be different after a divorce. There are many life changes that come with a divorce – in living situation, emotional spectrum, and social life – but one of the changes that affects people most deeply are the major financial changes. If you are considering or starting the divorce process, one of the best things that you can do is to prepare yourself for the incoming financial changes. Here are our 6 tips to help you financially prepare for life during and after divorce:
Lawyer talking to her client — S. Miami, FL — Sutton Law Group

Wills vs. Trusts: Which is Right For Me?

By Sutton Law Group • 16 Aug, 2021
You want to preserve your legacy for your loved ones and reduce undue taxation on your estate. Is a Will or a Trust the best way to do that? There is no set answer. The best Estate Planning tool for you will depend on your circumstances and your goals for the future. In this blog, we explain the pros and cons of Wills and Trusts so you can determine which one is a better fit for your priorities. 
Woman with her laptop — S. Miami, FL — Sutton Law Group

How to Recognize Credit Discrimination Against Your Florida Business

By Sutton Law Group • 18 Jul, 2021
Using your credit score to gain access to loans your Florida business’s operations, property, or marketing does not occur in a vacuum. Loan officers are people and, by extension, are imperfect beings with biases and prejudices. This is not to say that most or even a significant number of these financial personnel have deep-seated prejudices. However, there is a good reason for laws, such as the Equal Credit Opportunity Act and Fair Housing Act (“ECOA”), that seek to reduce the effects of discrimination relative to the extension of credit. 
Kids blowing bubbles — S. Miami, FL — Sutton Law Group

5 Ways to Be a Better Coparent During the Summer

By Sutton Law Group • 15 Jun, 2021
When summer break and activity schedules suddenly have to align with regular visitation, it can be difficult to keep track of everything. The summers are a time for family and fun, and when those things look different than they used to, it can be hard to adjust. You may be asking yourself: How do I coparent during the summer? The answer, of course, is: the same way I do the rest of the year. It just doesn’t always seem that simple.  Here are five ways that can help you handle coparenting during the most exciting time of the year:
Writing on a paper — S. Miami, FL — Sutton Law Group

What if a Florida Business Receives a Notice of Intent to Deny?

By Sutton Law Group • 17 May, 2021
In Florida, businesses and professionals who are licensed by state agencies need to hit specific requirements in order to operate. At Sutton Law Group, our work in Florida commercial business litigation lets us see many of these requirements up close. As a part of Florida law, you have to acquire and maintain a license . If your application does not include all the required information, you may receive a Notice of Intent to Deny.
Child being carried — S. Miami, FL — Sutton Law Group

How Can I Get Full Child Custody in Florida?

By Sutton Law Group • 19 Apr, 2021
A parent’s first thought when they are entering a divorce is normally of their children. Most parents are accustomed to spending every single day with their child. The idea of that changing can be terrifying. Most parents are resistant to the idea of sharing time, which is why one of the questions that we receive most often is “How can I get full sole custody of my child?”
Beautiful house — S. Miami, FL — Sutton Law Group

What Does a Real Estate Title Search Do?

By Sutton Law Group • 21 Mar, 2021
Anyone who has been through the process of making a real estate transaction knows how difficult it can be. Every time you think that you are in the clear, another hurdle can pop up that you have to deal with. This is certainly true of both selling and purchasing, no matter if it is a new home or a commercial property. One of the most important processes that happens when you are ready to move towards closing is the title search .
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