Third Party Tortfeasor

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

• Cuyahoga Wrecking Corp. & Gray Line Sightseeing Tours, Inc. v. Mastres
  368 So. 2d 380· Fla. 3d DCA· 1979-02-20 ·cited 12×
  The court held that the 'no-conflicting agreements' clause is not a mandatory subject of bargaining and that the filing of a lawsuit to enforce such a clause, when not a tactic to restrain employee rights, is not an unfair labor practice.
• Hill v. Gregg
  260 So. 2d 193· Fla.· 1972-03-22 ·cited 12×
  The Florida Supreme Court held that injuries sustained during an employee's discharge are compensable under the Workmen's Compensation Act because discharge is an integral part of the employment relationship, even when the injury occurs off the job site and before the start of th
• Bituminous Cas. Corp. v. Fla. Power & Light Co.
  190 So. 2d 426· Fla. 4th DCA· 1966-09-09 ·cited 11×
  Bituminous Casualty Corporation, a workers' compensation insurer, appeals a summary judgment limiting its subrogation claim against Florida Power and Light Company to a pro rata share of settlement proceeds. The court holds that the 1959 amendment to Florida's workers' compensati
• Ezra L. Slack v. Acousti Eng'g Co. OF Fla.
  122 So. 2d 574· Fla. 2d DCA· 1960-08-24 ·cited 11×
  Ezra Slack, an employee of a general contractor, was injured when roof decking installed by a subcontractor collapsed. The court affirmed summary judgment barring Slack's negligence action against the subcontractor, holding that Florida's Workmen's Compensation Law provides the e
• Fowler v. Boise Cascade Corp.
  948 F.2d 49· 1st Cir.· 1991-10-29 ·cited 10×
  The court held that the contract's insurance procurement and indemnity clauses did not waive the employer's statutory immunity under the Maine Workers' Compensation Act, and that the subrogation clause did not preclude the insurer's statutory lien on the employee's judgment again
• Arrington v. Michigan-Wisconsin Pipe-Line Co.
  632 F.2d 867· 10th Cir.· 1980-10-24 ·cited 10×
  The court held that the Oklahoma Workers' Compensation Act provides the exclusive remedy for injuries sustained by employees of an independent contractor against a principal employer, even when the injuries result from gross negligence.
• Luddy Gene Kight and Sandra M. Kight v. Capeletti Bros.
  384 So. 2d 1302· Fla. 4th DCA· 1980-06-04 ·cited 10×
  The Court held that the Deputy Commissioner's determination that the decedent's death arose out of and in the course of employment is not irrational or unsupported by substantial evidence, and thus the Court of Appeals erred in reversing the award.
• Gulf Am. Fire & Cas. Co. v. Singleton
  265 So. 2d 720· Fla. 2d DCA· 1972-05-17 ·cited 10×
  When an employee of a general contractor is injured by a third party who is a lessor of trucks or equipment to the contractor at a construction site, workmen's compensation is the exclusive remedy and the lessor is immune from tort liability as the relationship falls within Flori
• Ethlyn O. Williams v. United States Fid. & Guar. Co.
  358 F.2d 799· 4th Cir.· 1966-02-21 ·cited 10×
  An industrial compensation insurance carrier, acting as an employer under the Virginia Workmen's Compensation Act, is immune from independent suit for an employee's injury, even if the suit alleges negligence in safety measures voluntarily undertaken.
• Foster v. Buckner
  203 F.2d 527· 6th Cir.· 1953-04-07 ·cited 10×
  The court held that the defendants' negligence was a question of fact for the jury, and the plaintiff's claims were not barred by election of remedies or assumption of risk.
• JAY v. Chicago Bridge & Iron Co.
  150 F.2d 247· 10th Cir.· 1945-06-27 ·cited 10×
  The court held that the injured employee, after assigning his cause of action to the insurance carrier, could maintain a suit against a third-party tortfeasor when the insurance carrier effectively waived its right to bring the action.
• Normandy Ins. Co. v. Bouayad
  372 So. 3d 671· Fla. 1st DCA· 2023-08-16 ·cited 9×
  The appellate court reversed a workers' compensation award, finding that the employee's shooting injuries did not arise out of his employment. The court emphasized that while the injury occurred during work hours, the employee failed to establish a causal connection between his w
• Mollie B. Ruskin v. Travelers Ins. Co.
  125 So. 2d 766· Fla. 2d DCA· 1960-12-21 ·cited 9×
  In this negligence and workers' compensation subrogation suit, the Florida District Court of Appeal reversed a $45,000 jury verdict against the defendants, finding that the trial court committed reversible error by instructing the jury at excessive length on detailed statutory pr
• City OF Hollywood & Interrisk Concepts v. Lombardi
  738 So. 2d 491· Fla. 1st DCA· 1999-08-05 ·cited 8×
  This workers' compensation case addresses the interplay between subrogation lien reductions, wage caps, and offsets for disability benefits. The court reversed the judge of compensation claims on the amount of the subrogation lien but affirmed most other rulings, and certified tw
• Croon v. Quayside Assocs., Ltd.
  464 So. 2d 178· Fla. 3d DCA· 1985-02-05 ·cited 8×
  The court held that Quayside Associates, as a successor contractor by assignment, was immune from suit under the Workers' Compensation Law, and the trial court erred in failing to grant a directed verdict in its favor.
• Longman v. Travelers Ins. Co.
  371 So. 2d 533· Fla. 3d DCA· 1979-05-29 ·cited 8×
  The court reversed the trial court's application of the statute of limitations to child support arrearages, holding that such enforcement is equitable and not barred by the statute of limitations. The court also reversed the denial of interest on the arrearages.
• Cork v. Gable
  340 So. 2d 487· Fla. 2d DCA· 1976-12-01 ·cited 8×
  The court held that International/Royal was not a statutory employer because its contract with Richfield was primarily for the sale of goods, not for construction or work on property, thus Larsen Brothers was not immune from suit.
• Fla. GAS Co. v. Spaulding
  243 So. 2d 129· Fla.· 1970-12-16 ·cited 8×
  The Florida Supreme Court reviewed a third-party action where a gas company sought indemnity from a deceased employee's employer. The court held that the employer's active negligence could allow a passively negligent third-party tortfeasor to seek indemnity, despite the exclusive
• Trail Builders Supply Co. v. Reagan
  430 F.2d 828· 5th Cir.· 1970-08-12 ·cited 8×
  The Florida Workmen's Compensation Act does not preclude a passively negligent third-party tortfeasor from seeking indemnity from an actively negligent employer who has paid compensation benefits to an injured employee.
• The Shelby Mut. Ins. Co. OF Shelby v. Blanche Birch and her husband
  196 So. 2d 482· Fla. 4th DCA· 1967-03-17 ·cited 8×
• Burdine's, Inc. v. Drennon
  97 So. 2d 259· Fla.· 1957-10-02 ·cited 8×
  An order making equitable distribution of a settlement by a workmen's compensation claimant against a third-party tort-feasor is a final order properly reviewable by appeal, not by certiorari.
• Arex Indem. Co. v. Radin
  77 So. 2d 839· Fla.· 1955-02-04 ·cited 8×
  Arex Indemnity Company seeks review of an Industrial Commission order awarding continued workers' compensation to an injured employee, arguing that the subrogation statute is unconstitutional. The Florida Supreme Court denies the petition, holding that the carrier's subrogation r
• Shaw v. Cambridge Integrated Servs. Grp., Inc.
  888 So. 2d 58· Fla. 4th DCA· 2004-10-06 ·cited 7×
  The Florida Fourth District Court of Appeal held that a workers' compensation insurer cannot recover a pro rata share of damages an employee won against the employer for spoliation of evidence. The court reasoned that spoliation of evidence is not an injury arising out of employm
• Gorman Carter v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor
  751 F.2d 1398· D.C. Cir.· 1985-01-11 ·cited 7×
  The Special Fund established by the Longshoremen's and Harbor Workers' Compensation Act is not entitled to offset recovery obtained by a covered employee from a third-party tortfeasor against amounts due from the Fund for an injury that increased a preexisting disability.
• Volk v. Gallopo
  585 So. 2d 1163· Fla. 4th DCA· 1991-09-18 ·cited 6×
  Ron Volk appeals a trial court order postponing an equitable distribution hearing for his workers' compensation carrier's lien pending resolution of his uninsured/underinsured motorist claim. The court held that uninsured motorist recovery proceeds cannot be included in the equit
• SUN Bank & Liberty Mut. Ins. Co. v. Jakubowski
  583 So. 2d 782· Fla. 5th DCA· 1991-08-08 ·cited 6×
  The court held that the workers' compensation carrier's notice of lien was not barred by the statute of limitations and the carrier had standing to appeal the order striking the lien.
• Gen. Tel. Co. OF THE Se. v. J.B. Trimm
  706 F.2d 1117· 11th Cir.· 1983-06-06 ·cited 6×
  The court held that under the lex loci contractus rule, the place of acceptance, not delivery, determines the place of contract formation for a construction contract. However, the court certified questions regarding Georgia's choice of law rules and the enforceability of indemnit
• Armor Elevator Co., Inc. v. Elevator Sales & Serv., Inc.
  360 So. 2d 1129· Fla. 3d DCA· 1978-07-18 ·cited 6×
  There is no right of contribution in favor of a third-party tortfeasor against a workmen's compensation employer when the employer is not under a common liability to the injured person due to statutory immunity.
• Md. Cas. Co. v. Smith
  272 So. 2d 517· Fla.· 1973-01-17 ·cited 6×
  Maryland Casualty seeks recovery of workers' compensation benefits paid to an employee injured by a third party, but the employee settled with the tort feasor without notifying the carrier. The Florida Supreme Court held that the carrier is entitled to equitable distribution of t
• The AETNA Cas. & Sur. Co. v. Bortz
  246 So. 2d 114· Fla. 3d DCA· 1971-03-02 ·cited 6×
  Aetna Casualty and Surety Company appealed a trial court decision limiting its subrogation recovery against a third-party tortfeasor to $2,000 instead of the full $3,081.50 in workers' compensation benefits it paid. The court held that even when a workers' compensation carrier fi
• Reba Lunow v. Fairchance Lumber Co.
  389 F.2d 212· 10th Cir.· 1968-02-09 ·cited 6×
  The court held that the Oklahoma Workmen's Compensation Act provides exclusive liability, barring a wife's common law action for loss of consortium against third-party tortfeasors.
• Vargo v. Carter
  188 So. 2d 402· Fla. 4th DCA· 1966-06-29 ·cited 6×
  The court held that the defendant, who leased a truck and driver to a general contractor, was a subcontractor and not a third-party tortfeasor, making workers' compensation the exclusive remedy for the plaintiff's injuries.
• Mrs. Byron W. Thomas-Trustee of the Estate of Byron W. Thomas v. Farnsworth Chambers Co., Inc.
  286 F.2d 270· 10th Cir.· 1960-12-15 ·cited 6×
  An employee who has elected to receive workmen's compensation benefits from his insured subcontractor may maintain a common law negligence action against the general contractor, as the general contractor's contingent statutory employer liability does not abrogate this common law
• Bell v. O'Hearne
  284 F.2d 777· 4th Cir.· 1960-11-07 ·cited 6×
  Accepting less than the face amount of a judgment in a third-party tort action does not constitute a compromise barring deficiency benefits under the Longshoremen's and Harbor Workers' Compensation Act if the judgment was judicially determined and the reduction does not prejudice
• Okla. Natural GAS Co. v. Mid-Continent Cas. Co.
  268 F.2d 508· 10th Cir.· 1959-07-13 ·cited 6×
  The court held that a settlement by injured workmen with a third-party tortfeasor does not, as a matter of law, establish the tortfeasor's liability to the workmen's compensation insurer for the compensation paid.
• Anderson Columbia & Fcci Ins. Co. v. Brewer
  994 So. 2d 419· Fla. 1st DCA· 2008-10-22 ·cited 5×
  Anderson Columbia and FCCI Insurance Company appealed an order denying their lien on settlement proceeds from an employee's legal malpractice claim against his former attorneys. The court affirmed, holding that legal malpractice defendants are not "third-party tortfeasors" under
• Tierney v. Black Bros. Co.
  852 F. Supp. 994· M.D. Fla.· 1994-05-19 ·cited 5×
  The court held that it erred in allowing the jury to consider the employer's comparative negligence due to a lack of proximate cause evidence, and therefore assigned 100% of the liability to the defendant.
• Holley v. A. G. Wimpy and/or A. G. Wimpy Co., Inc.
  192 So. 2d 508· Fla. 2d DCA· 1966-12-07 ·cited 5×
  An employee injured in an accident with a truck owned by a hauling company sought damages despite receiving workers' compensation benefits. The court held that the hauling company was a sub-contractor, not a third-party tortfeasor, making workers' compensation the exclusive remed
• Diveston Merlien v. JM Fam. Enters., Inc.
  301 So. 3d 1· Fla. 4th DCA· 2020-07-22 ·cited 4×
  An exculpatory clause in an employment agreement waiving the right to sue a security company's clients for work-related injuries covered by workers' compensation is unambiguous and enforceable. The waiver does not violate Florida public policy because it does not prevent the quic
• Roberto Lopez-Loarca over person & Prop. of Mario Miguel v. Cosme
  76 So. 3d 5· Fla. 4th DCA· 2011-10-19 ·cited 4×
  The guardian of an injured worker appeals a summary judgment that barred the worker's individual negligence claim as untimely. The court reversed, holding that the guardian's amended complaint properly relates back to the original workers' compensation carrier subrogation claim f
• Ottis Lee Deen, Jr. v. Quantum Res., Inc.
  750 So. 2d 616· Fla.· 1999-10-21 ·cited 4×
  The Florida Supreme Court held that a self-insured public utility that voluntarily contracts to provide workers' compensation coverage to a subcontractor's employees does not obtain workers' compensation immunity from negligence suits by those employees. The Court rejected the Th
• AGC Risk Mgmt. Grp., Inc. v. Orozco
  635 So. 2d 1034· Fla. 3d DCA· 1994-04-26 ·cited 4×
  AGC Risk Management Group appealed a trial court's determination that an injured worker's full damages were $750,000 for purposes of calculating a workers' compensation lien, rather than AGC's claimed $150,000 settlement amount. The appellate court affirmed, holding that the tria
• Lanza v. Polanin
  581 So. 2d 130· Fla.· 1991-05-30 ·cited 4×
  The Florida Supreme Court held that the fireman's rule—which limits liability for injuries to police officers and firefighters—does not apply to claims against third-party tortfeasors who negligently injure officers while they are performing their duties. The rule is designed to
• Feldman v. Brescher
  561 So. 2d 1271· Fla. 4th DCA· 1990-05-23 ·cited 4×
  Jane Feldman, a nurse injured while working at a county jail, sought to recover the full amount of her jury verdict against the Sheriff after the trial judge reduced her $297,500 award to $100,000. The court held that the Sheriff maintained the jail under a statutory duty to prov
• Hartford Accident & Indem. Co. v. Oceancarrier Shipholding OF Belgium N.V. & ABC Container Lines N.V.
  799 F.2d 1093· 5th Cir.· 1986-09-22 ·cited 4×
  The court held that the vessel owner was liable for the longshoreman's injury due to the crew's negligence in closing the hatch cover, and the apportionment of fault was not clearly erroneous.
• Estle M. Williams v. The Singer Co.
  457 F.2d 799· 6th Cir.· 1972-03-17 ·cited 4×
  The court vacated the dismissal and remanded the case for reconsideration in light of a new Tennessee Supreme Court decision that may alter the applicable statute of limitations.
• Trail Builders Supply Co. v. Reagan
  410 F.2d 763· 5th Cir.· 1969-05-13 ·cited 4×
  The court is certifying a question of law to the Florida Supreme Court because there are no clear controlling precedents.
• Mack v. Cook & Pruitt Masonry, Inc.
  186 So. 2d 831· Fla. 3d DCA· 1966-05-24 ·cited 4×
  The court held that the plaintiff's remedy under the Workmen's Compensation Law is exclusive, barring a third-party tort action against the defendant.
• Edwards v. Ritchie
  173 So. 2d 497· Fla. 2d DCA· 1965-03-17 ·cited 4×
  An employee of a general contractor sued a subcontractor for negligence after being injured by a falling scaffold plank. The court affirmed summary judgment for the defendant, holding that under Florida's Workmen's Compensation Act, when a general contractor and subcontractor wor
• Am. Universal Ins. Co. v. Chauvin
  329 F.2d 174· 5th Cir.· 1964-03-12 ·cited 4×
  The court held that under Louisiana law, statutory subrogation does not grant an insurer the right to reimbursement from a third party for excess medical costs voluntarily paid beyond the statutory maximum.