Third Party Tortfeasor

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

• Kimbrell v. United States
  306 F.2d 98· 6th Cir.· 1962-07-13 ·cited 4×
  The court held that the Federal Tort Claims Act's two-year statute of limitations, not a Tennessee statute's one-year period, governs claims against the United States.
• Bowaters S. Paper Corp. v. Doyle E. Brown
  253 F.2d 631· 6th Cir.· 1958-04-04 ·cited 4×
  The court held that the injured party was an employee of an independent contractor, not the paper mill owner, allowing a negligence claim against the owner.
• Honore Martin v. Theockary
  220 F.2d 900· 5th Cir.· 1955-03-30 ·cited 4×
  An employee injured by the negligence of a co-employee, where the injury is compensable under workmen's compensation, may recover damages from the co-employee as a third-party tortfeasor under Florida law.
• Borcich v. Ancich
  191 F.2d 392· 9th Cir.· 1951-08-16 ·cited 4×
  Crew members of a vessel damaged by a third-party tortfeasor cannot recover for loss of prospective earnings based solely on their contract with the vessel owner, as they lack standing to sue for a tort committed against the vessel itself.
• The Hartford Ins. Co. v. Goff
  4 So. 3d 770· Fla. 2d DCA· 2009-03-13 ·cited 3×
  The Hartford Insurance Company, a workers' compensation carrier, has a right to assert a lien on settlement proceeds recovered in a wrongful death action that are attributable to the Estate's claims.
• Texaco, Inc. v. Pruitt
  396 F.2d 237· 10th Cir.· 1968-06-06 ·cited 3×
  The court held that the trial court properly instructed the jury on the owner's duty to warn of latent dangers and correctly refused to submit contributory negligence or reduce the judgment for workers' compensation benefits.
• Griffin, Inc. v. Loomis
  979 So. 2d 416· Fla. 2d DCA· 2008-04-23 ·cited 2×
  Griffin, Inc. sought contribution and equitable subrogation from Loomis after settling an employee's negligence claim arising from a defective armored van. Griffin invoked the dual persona doctrine to circumvent workers' compensation immunity, but the court affirmed summary judgm
• U.S. Holdings, Inc. v. Antoinier Belance
  922 So. 2d 240· Fla. 3d DCA· 2006-01-11 ·cited 2×
  U.S. Holdings, Inc. appeals the denial of its motion for summary judgment claiming workers' compensation immunity under Florida law. The court affirmed, holding that while Holdings qualified for immunity in its capacity as a safety consultant and workers' compensation carrier, it
• Ottis Lee Deen, Jr. v. Quantum Res., Inc.
  713 So. 2d 1075· Fla. 2d DCA· 1998-07-10 ·cited 2×
• Ricketts v. Haynes
  630 So. 2d 1232· Fla. 2d DCA· 1994-01-26 ·cited 2×
  Kathryn Ricketts, a nurse, sued the estate of Sarainne L. Andrews after Andrews assaulted her during employment. The trial court granted summary judgment for the estate based on workers' compensation exclusivity. The court reversed, holding that the guardian, not the incapacitate
• Liberty Mut. Ins. Co. v. Batch AIR Universal Inc.
  559 So. 2d 1189· Fla. 3d DCA· 1990-02-27 ·cited 2×
  A workers' compensation carrier cannot recover from a third-party tortfeasor when it fails to intervene in timely estate litigation or file its own action within two years of the employee's death, even if it notified the tortfeasor of compensation payments.
• Johnson v. Thoni
  453 So. 2d 188· Fla. 3d DCA· 1984-07-24 ·cited 2×
  The plaintiff appealed the dismissal of a wrongful death action against Thoni corporations that provided security and management services to the decedent's employer. The court reversed the dismissal, finding that the complaint adequately alleged a duty and that workers' compensat
• Cont'l Ins. Co. v. Castora
  385 So. 2d 175· Fla. 4th DCA· 1980-07-02 ·cited 2×
  The trial court erred in considering the combined effects of two separate accidents when determining equitable distribution of a personal injury settlement under the workmen's compensation law.
• Gladene Morris v. Bryan & Fletcher, Inc.
  373 So. 2d 407· Fla. 4th DCA· 1979-07-25 ·cited 2×
  An employee injured at work sued her employer's building manager for negligence, despite receiving workers' compensation benefits. The trial court granted summary judgment based on workers' compensation immunity, but the appellate court reversed, holding that the building manager
• Greene v. Ivaco Indus., Ltd.
  334 So. 2d 347· Fla. 1st DCA· 1976-06-09 ·cited 2×
  This case involves administrators of an employee's estate who sued a parent corporation for negligence in designing and operating industrial machinery that caused the employee's death. The court reversed summary judgment for the parent corporation, holding that the statutory immu
• Rhines v. Ploof Transfer Co., Inc.
  313 So. 2d 791· Fla. 1st DCA· 1975-05-20 ·cited 2×
  In this negligence case, the court addressed whether a third-party defendant—a tow motor equipment lessor—could be sued despite the plaintiff having accepted workers' compensation benefits. The court held that the defendant was not a statutory co-employer under Florida law and th
• Bowman v. Emp'rs Mut. Liab. Ins. Co. of Wis.
  261 So. 2d 821· Fla.· 1972-04-19 ·cited 2×
  The Florida Supreme Court dismissed a writ of certiorari, finding no direct conflict between the lower court's decision and prior appellate precedent regarding tort immunity for workers' compensation carriers that conduct their own safety inspections.
• Gregorio P. Fejeran v. Diego
  457 F.2d 544· 9th Cir.· 1972-03-27 ·cited 2×
  The court held that accepting workers' compensation payments without a formal award does not constitute an election that bars a suit against a third-party tortfeasor, nor does it automatically subrogate the employer to the employee's rights.
• Olds v. Pennsalt Chems. Corp.
  432 F.2d 1033· 6th Cir.· 1970-09-30 ·cited 2×
  The court held that a landowner is not liable for injuries to an employee of an independent contractor unless the landowner was negligent or the work was inherently dangerous, and that contract clauses did not create a duty to supervise safety.
• Smith v. Bush
  312 F.2d 131· 5th Cir.· 1963-01-09 ·cited 2×
  A release executed by an injured employee to a third-party tortfeasor without the approval of the Mississippi Workmen's Compensation Commission is invalid under Section 30 of the Mississippi Workmen's Compensation Act.
• Giguere v. United States Steel Corp.
  262 F.2d 189· 7th Cir.· 1959-03-02 ·cited 2×
  The court held that the jury's findings of negligence against the defendant were supported by substantial evidence and that the trial court did not err in denying motions for a directed verdict or a new trial.
• Scott v. Kirkland
  652 So. 2d 1281· Fla. 1st DCA· 1995-04-13 ·cited 1×
  Court affirmed that Scott's release of tortfeasor Kirkland was valid, but reversed summary judgment for Allstate on prejudice, holding that a factual question exists whether Kirkland is judgment-proof, which must be resolved at trial.
• Irvin v. L J's Package & Lounge Inc.
  Fla. 2d DCA· 2021-03-10
  The appellate court affirmed a trial court's decision to reduce an arbitration award by the amounts the plaintiff received from settlement agreements with two other establishments. The court held that the statutory setoff requirement did not conflict with the arbitration statute
• GEICO Gen. INS. Co. v. Berner
  971 So. 2d 929· Fla. 3d DCA· 2007-12-19
  GEICO and a defendant sought certiorari review of a trial court order restricting their choice of defense medical expert in an uninsured motorist coverage dispute. The Third District Court of Appeal held that defendants have a right to select their own medical expert under Florid
• Twin City Fire Ins. Co. v. Jones
  918 So. 2d 403· Fla. 5th DCA· 2006-01-20
  Twin City Fire Insurance Company appeals a summary judgment granted to defendants Jason Jones and Kayla Heald in a subrogation case. The court reversed, holding that a settlement release executed by the insured cannot bar the insurer's subrogation action against a third-party tor
• M. Felix Freshwater, M.D., P.A. v. Baker
  707 So. 2d 937· Fla. 3d DCA· 1998-03-18
  An injured worker, covered by workers' compensation, is insulated from liability for medical expenses exceeding the workers' compensation fee schedule when they have also recovered from a third-party tortfeasor.
• Holbrook v. Andersen Corp.
  996 F.2d 1339· 1st Cir.· 1993-06-30
  The court held that the Federal Medical Care Recovery Act does not authorize the United States to recover medical costs from settlement funds paid to an injured party by a third-party tortfeasor, absent an express agreement.
• Nationwide Mut. Ins. Co. v. Jacoby
  505 So. 2d 471· Fla. 2d DCA· 1987-03-04
  Florida appellate court affirmed that a workers' compensation insurer has no subrogation rights against an employee's recovery from a third-party tortfeasor for injuries sustained outside the course of employment, as section 440.39 limits subrogation to work-related injuries.
• OSS v. United Servs. Auto. Ass'n
  807 F.2d 457· 5th Cir.· 1987-01-08
  An insured's refusal to subrogate an insurer to rights against a third-party tortfeasor is justified if the insured has recovered less than total damages, even with the insurer's payment, and the tortfeasor has no further assets.
• Industriales Nicaraguenses Chipirul, S.A. v. Switzerland Gen. Ins. Corp. of N.Y.
  443 So. 2d 1062· Fla. 3d DCA· 1984-01-17
  An insured party appeals a summary judgment in favor of an insurance company that denied coverage for a cargo loss, claiming the insured impaired the insurer's subrogation rights by failing to sue the shipping line. The court reversed, holding that mere failure to sue does not im
• Risk Mgmt. Servs., Inc. v. Scott
  414 So. 2d 220· Fla. 1st DCA· 1982-04-26
  The court held that the trial court misapplied the statutory formula for equitable distribution of a workers' compensation lien by using an outdated statute and improperly including a wife's loss of consortium claim in the calculation.
• Dorothy A. Dessert et vir. v. Elec. Mut. Liab. Ins. Co.
  392 So. 2d 340· Fla. 5th DCA· 1981-01-14
  Plaintiff employee Dorothy Dessert appealed a jury verdict for defendants, contending the trial court erred in instructing the jury to find an "affirmative act" of negligence by her supervisor Morford. The Fifth District affirmed, holding that a supervisor acting in his superviso
• Metro. Dade Cnty. v. Taddia
  378 So. 2d 804· Fla. 3d DCA· 1980-03-04
  Metropolitan Dade County, a self-insured employer, appealed a trial court order denying it recovery under its workers' compensation subrogation lien against a third-party tortfeasor settlement. The appellate court reversed, holding that the trial court failed to properly evaluate
• Cook v. Est. OF Henry Lee Mills
  374 So. 2d 599· Fla. 3d DCA· 1979-08-14
  Plaintiffs appealed an inadequate jury verdict in a personal injury action, and the defendant cross-appealed the denial of a directed verdict, arguing statutory immunity as a partner. The court affirmed the plaintiffs' appeal was barred by failure to move for a new trial and addr
• Hague v. Liberty Mut. Ins. Co.
  504 F.2d 364· 5th Cir.· 1974-11-18
  The court held that the Commission's approval of a lump-sum compromise settlement between an employee and employer for workers' compensation benefits did not implicitly approve the release of third-party claims, rendering the release invalid as to third parties.
• Houston Pyles v. Barnard Bridges
  283 So. 2d 394· Fla. 2d DCA· 1973-10-03
  A paraplegic worker injured in an industrial accident settled a malpractice claim against medical providers for $130,000. The Florida appellate court affirmed the trial court's decision allowing the workers' compensation insurance carrier to recover an equitable lien from the set
• Commodores Point Terminal Corp. v. Fla. Towing Corp.
  280 So. 2d 509· Fla. 1st DCA· 1973-07-17
  Subrogated fire insurers sought to recover payments made for a warehouse destroyed by fire, claiming negligence by the building's tenant. The court affirmed judgment for the defendant, holding that the insurers improperly split a cause of action by suing separately after the prop
• Jackson v. Singer
  221 So. 2d 783· Fla. 3d DCA· 1969-04-15
  The appellate court affirmed a lower court's order granting equitable distribution to a workers' compensation insurance carrier from a settlement with a third-party tortfeasor. The court found that the trial court properly considered the carrier's conduct when making its distribu
• Malschick v. Gen. Accident Grp. & Oscar Giner
  214 So. 2d 51· Fla. 3d DCA· 1968-09-24
  This case addresses whether a workers' compensation carrier, after settling with a claimant through a "wash out" settlement, can still sue a third-party tortfeasor. The court held that the carrier can initiate such a suit if the claimant fails to do so within one year of the caus
• Am. Mut. Liab. Ins. Co. v. City OF W. Palm Beach
  185 So. 2d 174· Fla. 4th DCA· 1966-04-14
  An insurance company sued to recover workers' compensation benefits it paid under subrogation rights against a negligent municipality. The court held that the insurance carrier's right to sue does not accrue until the injured employee fails to bring suit within one year after the
• Cuyler v. Elliott
  182 So. 2d 55· Fla. 4th DCA· 1965-12-27
• Zenchak v. Ryder Truck Rentals, Inc.
  19 Fla. Supp. 148· Dade Cty. Cir. Ct.· 1962-05-23
  A circuit court granted summary judgment for a truck rental company in a personal injury action brought by an employee injured by a fellow employee's negligent operation of a leased vehicle. The court held that under Florida's Workers' Compensation Act, the lessor could not be su
• Davis v. Rand Fuel OIL Co.
  18 Fla. Supp. 190· Volusia Cty. Cir. Ct.· 1961-11-07
  This case addresses whether a workers' compensation insurance carrier or an injured employee has the right to sue a third-party tort feasor after the employee fails to file suit within one year of the accident. The court held that under Florida law, the insurance carrier has the
• Holmes v. Carroll
  75 So. 2d 203· Fla.· 1954-10-19
  The Florida Supreme Court reversed summary judgments against two employees who sued a third-party tort-feasor after receiving workers' compensation benefits. The court held that under the 1947 amendment to Florida's workers' compensation statute, employees could sue third-party d
• Pa. Salt MFG. Co. of Wash. v. Haynes
  184 F.2d 355· 9th Cir.· 1950-09-18
  The court held that the defendant was not immune from suit because the injury, though connected to its extrahazardous employment, was not temporally connected to the employment at the time of the accident.