Third Party Tortfeasor

146 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Seaboard Coast Line R.R. Co. v. Smith
  359 So. 2d 427· Fla.· 1978-03-30 ·cited 86×
  The Florida Supreme Court upheld the constitutionality of Section 440.11 of the Florida Workmen's Compensation Act, which grants employers immunity from contribution claims by third-party tortfeasors. The court held that an employer whose negligence contributed to an employee's i
• Dorman K. Kimbrell, Jr. v. Paige
  448 So. 2d 1009· Fla.· 1984-04-05 ·cited 75×
  The Florida Supreme Court held that Section 440.39(4) of the Florida Statutes bars an injured employee from filing a separate suit against a third-party tortfeasor when the compensation carrier has already filed suit after giving proper notice, even if the employee's suit is file
• Bituminous Cas. Corp. v. Williams
  154 Fla. 191· Fla.· 1944-02-22 ·cited 68×
  This case addresses whether a deputy industrial commissioner with a workers' compensation insurance carrier can validly represent the carrier in suing third-party tortfeasors for wrongful death claims, and how recovery proceeds should be distributed among the insurance carrier, d
• D'Amario v. Ford Motor Co.
  806 So. 2d 424· Fla.· 2001-11-21 ·cited 65×
  The Florida Supreme Court held that principles of comparative fault do not ordinarily apply to crashworthiness (secondary collision/enhanced injury) cases, and that a manufacturer's liability for injuries caused by design defects in a collision is separate and distinct from liabi
• Frantz v. McBEE Co.
  77 So. 2d 796· Fla.· 1955-02-04 ·cited 60×
  The Florida Supreme Court clarified the scope of immunity under the Florida Workmen's Compensation Act, holding that a co-employee may be sued as a third-party tort-feasor for negligence despite the Act's exclusivity provisions. The Court affirmed summary judgment against the emp
• Fid. & Cas. Co. of N.Y. v. Bedingfield
  60 So.2d 489· Fla.· 1952-08-05 ·cited 58×
  The Florida Supreme Court denied a petition for certiorari, upholding a lower court's decision that a workers' compensation insurer, despite paying benefits, could not intervene as a party plaintiff in an injured employee's personal injury lawsuit against a third-party tortfeasor
• Jones v. Waterman S. S. Corp. (Reading Co.
  155 F.2d 992· 3d Cir.· 1946-05-28 ·cited 58×
  This case involves a dispute over property ownership where a woman, who cohabited with a man and contributed to the purchase and construction of a house, sued to quiet title to her one-half interest after the man secretly married another and conveyed the property to a third party
• Sunspan Eng'g & Constr. Co. v. Spring-Lock Scaffolding Co. & Spring-Lock Scaffolding of Fla., Inc.
  310 So. 2d 4· Fla.· 1975-01-29 ·cited 56×
  The Florida Supreme Court holds that a 1971 statute (Section 440.11(1)) prohibiting third-party tort-feasors from suing employers of injured workers is unconstitutional as applied to tort claims. The Court found the statute violates the constitutional right of access to courts an
• Motchkavitz v. L. C. Boggs Indus., Inc.
  407 So. 2d 910· Fla.· 1981-12-10 ·cited 55×
  The Florida Supreme Court held that an employee of a contractor cannot sue a subcontractor for negligence when the subcontractor has secured workers' compensation coverage, as the exclusive remedy provisions of Florida's workers' compensation statute extend immunity to subcontrac
• United Brands Co. v. Thad Melson
  594 F.2d 1068· 5th Cir.· 1979-05-14 ·cited 42×
  The court held that the employer had sufficient knowledge of the work-related injury to toll the limitations periods and that the settlement with a non-liable third party did not bar the claim or require a reduction in federal award.
• Carter v. Sims Crane Serv., Inc.
  198 So. 2d 25· Fla.· 1967-04-12 ·cited 42×
  Willie Carter, an employee of a subcontractor, sued Sims Crane Service, another subcontractor on the same construction job, for negligence. The Florida Supreme Court affirmed summary judgment for the defendant, holding that the Workers' Compensation Act creates a single statutory
• Pitts v. Electro-Static Finishing, Inc.
  607 F.2d 799· 8th Cir.· 1979-10-23 ·cited 38×
  The court held that the trial judge did not err in granting a new trial after the first jury's verdict, nor in refusing to admit late-offered evidence or give a res ipsa loquitur instruction after the second trial.
• Gallichio v. Corporate Grp. Serv., Inc.
  227 So. 2d 519· Fla. 3d DCA· 1969-10-21 ·cited 38×
  A third party injured by the negligent performance of a contractual duty may maintain an action against the negligent performer, even without privity, if the injury was foreseeable.
• Collins v. Federated Mut. Implement & Hardware Ins. Co. & Ervin E. Faircloth
  247 So. 2d 461· Fla. 4th DCA· 1971-04-23 ·cited 37×
  The court reversed summary judgment for an insurer and truck owner in a wrongful death action, holding that the truck owner was a co-employee or fellow servant rather than an independent contractor, thus making him a third-party tortfeasor liable despite being covered by workmen'
• Mullarkey v. Fla. Feed Mills, Inc.
  268 So. 2d 363· Fla.· 1972-10-25 ·cited 35×
  A parent of a deceased minor employee sought compensation beyond the $500 funeral expense allowed under Florida's Workmen's Compensation Act, arguing that the Act's limitation on death benefits to those financially dependent on the deceased constituted unconstitutional discrimina
• Dickerson v. Orange State OIL Co.
  123 So. 2d 562· Fla. 2d DCA· 1960-10-05 ·cited 34×
  A workmen's compensation insurance carrier sought to recover against a third party tortfeasor despite the injured employee's prior release of claims. The court held that the carrier's subrogated rights are not barred by the employee's release and that the action is subject to a f
• Allen v. Texaco, Inc.
  510 F.2d 977· 5th Cir.· 1975-04-07 ·cited 32×
  A waiver of subrogation rights by a compensation carrier against a third party also waives any lien the carrier might assert against the employee's settlement proceeds from that third party.
• Marshall v. Arzuaga
  828 F.2d 845· 1st Cir.· 1987-09-01 ·cited 31×
  The dissenting judge argues that the majority erred in allowing the jury to find adequate causation, asserting that the intervening negligence of a third party was the sole legal cause of the plaintiff's injuries.
• Evans v. Transportacion Maritime Mexicana SS "Campeche"
  639 F.2d 848· 2d Cir.· 1981-01-05 ·cited 30×
  The court held that despite errors in the jury charge, the jury reached the proper result on the facts, and the errors did not affect the outcome.
• Boggs v. Blue Diamond Coal Co.
  590 F.2d 655· 6th Cir.· 1979-01-23 ·cited 29×
  The court should affirm the district court's judgment because the factual prerequisites for immunity under the Act were satisfied, and a formal contract is not required for such immunity.
• Peters v. N. River Ins. Co. OF Morristown
  764 F.2d 306· 5th Cir.· 1985-06-27 ·cited 28×
  A worker and a third-party tortfeasor may settle their dispute, but the settlement necessarily includes the employer's subrogation claim for reimbursement of compensation benefits paid, entitling the employer to reimbursement from the settlement funds.
• Aubrey v. United States
  254 F.2d 768· D.C. Cir.· 1958-04-10 ·cited 28×
  A civilian employee of a non-appropriated fund activity, who receives workmen's compensation, is barred from suing the United States under the Tort Claims Act for injuries sustained in the course of employment. However, the employee's wife may pursue a claim for loss of consortiu
• Zurich Ins. Co. v. Renton
  189 So. 2d 492· Fla. 2d DCA· 1966-07-22 ·cited 27×
  Zurich Insurance Company appealed an apportionment order in a wrongful death workers' compensation subrogation case, arguing it was entitled to full reimbursement under Florida Statute §440.39(4) because the widow filed suit against third-party tortfeasors in the second year afte
• Leonard v. Dennis
  465 So. 2d 538· Fla. 2d DCA· 1985-02-08 ·cited 24×
  A state law restricting the class of individuals who can serve as union officers is not preempted by federal labor law.
• Cook Motor Co. v. Vaughn
  189 So. 2d 536· Fla. 1st DCA· 1966-08-23 ·cited 24×
  The court considered whether an insurance policy payable in Cuban pesos in Cuba should be valued in United States dollars based on Cuban or United States exchange rates after the insurer's Cuban assets were seized.
• Street v. Safway Steel Scaffold Co.
  148 So. 2d 38· Fla. 1st DCA· 1962-12-20 ·cited 24×
  Street's widow sued Safway Steel Scaffold Company for negligence after her husband died in a construction accident caused by collapsing shoring equipment. The court held that Safway was a subcontractor to the prime contractor and therefore immune from tort liability under the Wor
• Cromer v. Thomas
  124 So. 2d 36· Fla. 3d DCA· 1960-11-07 ·cited 23×
  Freddie Cromer, an employee of the City of Miami Beach, sued crane owner Joe M. Thomas for personal injuries sustained when Thomas's crane struck overhead power lines. The court reversed summary judgment against Cromer, holding that an employee of the city could sue an independen
• L.M. Duncan & Sons, Inc. v. City OF Clearwater
  478 So. 2d 816· Fla.· 1985-11-14 ·cited 22×
  The Florida Supreme Court held that Section 440.11(1) of Florida Statutes, which provides workers' compensation as the exclusive remedy, does not bar a third-party tortfeasor's contractual indemnification claim against a negligent employer. The court affirmed the district court's
• Hamilton v. Shell OIL Co.
  233 So. 2d 179· Fla. 4th DCA· 1970-03-18 ·cited 21×
  The court held that the plaintiff was a special employee of the defendant Shell Oil Company, making workers' compensation the exclusive remedy and barring the tort action.
• Caldwell v. Ogden SEA Transp., Inc.
  618 F.2d 1037· 4th Cir.· 1980-03-27 ·cited 20×
  The court held that a reassignment of a right of action for personal injuries should be allowed under federal law, and that a longshoreman should have a procedure to secure their statutory share in the proceeds of an action against a tortfeasor.
• Gen. Guar. Ins. Co. v. Moore
  143 So. 2d 541· Fla. 2d DCA· 1962-08-01 ·cited 20×
  A workers' compensation carrier appealed a trial court's award of reduced subrogation proceeds against third-party tortfeasors. The court held that when a carrier institutes suit after one year (under Fla. Stat. § 440.39(4)), it is entitled to full recovery of compensation paid,
• Wilford A. Baughman v. The AETNA Cas. & Sur. Co.
  78 So. 2d 694· Fla.· 1955-02-16 ·cited 20×
  An employee recovered a judgment against a tortfeasor and the employer's workers' compensation insurance carrier sought a lien on the proceeds for benefits paid and future medical costs. The Florida Supreme Court held that under the applicable statute, when an injured employee su
• Jeston Holland v. Sea-Land Serv., Inc.
  655 F.2d 556· 4th Cir.· 1981-07-24 ·cited 18×
  Federal admiralty jurisdiction does not extend to torts occurring on land, even if related to maritime activity, and thus Virginia's contributory negligence law applies.
• Foulk v. Lottie D. Perkins
  181 So. 2d 704· Fla. 2d DCA· 1966-01-12 ·cited 18×
  The court affirmed the trial court's decision to strike defenses of contributory negligence and assumption of risk, and to find the defendant a third-party tortfeasor, allowing the wrongful death suit to proceed.
• Russell v. Shelby Mut. Ins. Co.
  128 So. 2d 161· Fla. 3d DCA· 1961-02-13 ·cited 18×
  A workers' compensation carrier sought to enforce subrogation rights against a third-party tort-feasor who had settled with and obtained a release from the injured employee before compensation benefits were paid. The court held that a pre-payment release bars the carrier's subrog
• Carbone v. Ursich
  209 F.2d 178· 9th Cir.· 1953-12-21 ·cited 18×
  A tortfeasor is liable for the lost lay share of fishermen crew members whose fishing opportunities are lost due to negligent damage to their vessel or net.
• Hunt v. Ryder Truck Rentals, Inc.
  216 So. 2d 751· Fla.· 1968-12-10 ·cited 16×
  Francis Hunt, injured while working for a newspaper, received workers' compensation from his employer and sued Ryder Truck Rentals, the lessor of the defective truck, for negligent maintenance. The Florida Supreme Court reversed summary judgment against Hunt, holding that a lesso
• Allice McCOY v. Fla. Power & Light Co.
  87 So. 2d 809· Fla.· 1956-05-23 ·cited 16×
  The Florida Supreme Court held that a dependent mother of a deceased worker cannot maintain a separate wrongful death action against a third-party tortfeasor (electrical company) independent of the surviving widow, even though she receives workers' compensation benefits. The cour
• Kelley v. Summers
  210 F.2d 665· 10th Cir.· 1954-02-23 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying the insurance company's second motions to intervene, and that Kelley remained liable as Wray's employer. The court also affirmed the judgments against Kelley, reduced by the compensation paid.
• Weathers v. Irwin Cauthen
  152 Fla. 420· Fla.· 1943-02-23 ·cited 16×
  This case addresses whether an employer can sue a third-party tortfeasor for damages when the injured employee accepted workers' compensation benefits without providing the statutory notice required by Florida's Workmen's Compensation Law. The court held that the notice requireme
• Columbus Green v. Reynolds Metals Co.
  328 F.2d 372· 5th Cir.· 1964-02-27 ·cited 15×
  The court held that the jury verdict for the plaintiff was based on speculation and conjecture, and therefore the trial court correctly entered judgment notwithstanding the verdict.
• Stevenson McCLENDON v. Charente S.S. Co., Ltd.
  348 F.2d 298· 5th Cir.· 1965-07-12 ·cited 14×
  The court's concurrence emphasizes that the 1959 amendments to the Longshoremen's Act were intended to expand, not contract, the rights of injured workers, and do not provide significant benefit to stevedore-employers or third-party shipowners.
• Sec. Mut. Cas. Co. v. Grice
  172 So. 2d 834· Fla. 2d DCA· 1965-03-17 ·cited 14×
  This case addresses the apportionment of a wrongful death judgment between a widow and an employer's workers' compensation insurance carrier under Florida law. The court affirmed the trial judge's discretionary allocation of 35% of the judgment to the insurance carrier, rejecting
• Shelby Mut. Ins. Co. v. Russell
  137 So. 2d 219· Fla.· 1962-01-31 ·cited 14×
  Shelby Mutual Insurance Company sought certiorari review of a district court decision that barred its subrogation claim against a third-party tortfeasor where the injured employee had released the tortfeasor before receiving workers' compensation benefits. The Florida Supreme Cou
• Merritt-Chapman & Scott Corp. v. Frazier
  289 F.2d 849· 9th Cir.· 1961-04-18 ·cited 14×
  The court held that the District Court had jurisdiction, that the plaintiff's election of remedies was valid, and that the trial court did not err in its rulings regarding evidence, jury instructions, impleader, or the excessiveness of the verdict.
• United States Cas. Co. v. Town OF Palm Beach
  119 So. 2d 800· Fla. 2d DCA· 1960-04-08 ·cited 14×
  An insurance carrier's right to sue a third-party tortfeasor, derived from the injured employee's cause of action, is subject to the same statute of limitations as the employee's original claim.
• Cooper Transp., Inc. v. Mincey
  459 So. 2d 339· Fla. 3d DCA· 1984-10-23 ·cited 13×
  A workers' compensation carrier is entitled to recover 100 percent of compensation and medical benefits paid and to be paid from a third-party settlement, reduced only to the extent that the injured employee demonstrates he did not recover full damages due to his own comparative
• Edmondson v. Avis Mitchell Swope & Nationwide Gen. Ins. Co.
  395 So. 2d 553· Fla. 5th DCA· 1980-12-16 ·cited 13×
  An injured employee appealed a workers' compensation proration order requiring him to reimburse his employer's insurance carrier $4,365.22 from his third-party settlement. The court affirmed the proration under Florida Statute § 440.39(3)(a), finding the employee failed to meet h
• Carroll v. Zurich Ins. Co.
  286 So. 2d 21· Fla. 1st DCA· 1973-12-04 ·cited 13×
  The court held that a workers' compensation insurance carrier is immune from common law negligence actions by an employee, enjoying the same immunity as its insured employer under Florida's workers' compensation statute. The court rejected the argument that carriers should be tre
• Suburban Propane v. The Est. OF Ralph Pitcher
  564 So. 2d 1118· Fla. 1st DCA· 1990-06-21 ·cited 12×
  Suburban Propane sought a writ of certiorari to quash a judge's order authorizing depositions of its employees in a workers' compensation death claim. The Florida appellate court granted the writ in part, holding that the depositions exceeded the proper scope of discovery because