J.B. IVEY AND COMPANY, APPELLANT,
v.
JOHN MERCHANT, APPELLEE

Fla. 5th DCA | 1987-02-12
No. 86-520
UPCHURCH, C.J., and SHARP, J., concur.
502 So. 2d 93 Florida District Court of Appeal, Fifth District (1987) Positive Treatment
Cited by 4 cases
Topics
General Employer Special Employer Personal Injury

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a judgment in a personal injury suit. Appellant owns Ivey’s Department Stores.

Appellee was an employee of Olsten Temporary Services and was sent to Ivey’s to do some labor on a temporary basis. He was injured on the job when a shelf he stepped upon collapsed. He sued Ivey’s and the defense was a workers compensation bar. The trial court rejected that defense. We reverse.

This case is controlled by Booher v. Pepperidge Farm, Inc., 468 So. 2d 985 (Fla.1985) which affirmed the fourth district court’s ruling that:

... [wjhere a general employer in the business of providing temporary help provides compensation coverage to an employee while he is on assignment working for another employer then that employee is barred from suing his special employer for on-the-job injuries.

We are bound by that supreme court case and cannot agree with appellee that the facts here are distinguishable.

REVERSED.

UPCHURCH, C.J., and SHARP, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Cent. Ins. Underwriters, Inc. v. Nat'l Ins. Fin. Co., 599 So. 2d 1371 (Fla. 3d DCA 1992)
    …the insurance companies, creating the “trust fund,”3 and (2) that Central failed to remit those unearned premiums to National. See Keegan v. Ennia General Ins. Co., 591 So. 2d 300, 301 (Fla. 3d DCA 1991); Copeland Ins. Agency, Inc. v. Home Ins. Co., 502 So. 2d 93, 95 (Fla. 5th DCA 1987). National did not make the necessary showing at trial. National showed that it had sent cancellation notices to Central and had not been repaid the unearned premiums. That evidence is consistent with Central’s having received…
  • Ball v. Verhoestra, 664 So. 2d 320 (Fla. 5th DCA 1995)
    …PER CURIAM. AFFIRMED. See J.B. Ivey and Co. v. Merchant, 502 So. 2d 93 (Fla. 5th DCA 1987). DAUKSCH, COBB and HARRIS, JJ., concur.…

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