Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Litton v. Saf-T-Green of Orlando, Inc.
608 So.2d 908 (Fla. 5th DCA 1992), 17 FLW D2546, November 13, 1992
Where a worker is injured by a leased dangerous
instrumentality operated by a fellow employee, the
worker is limited to receipt of workers' compensation
benefits and is precluded under the Exclusive Remedy
Doctrine from a cause of action against the owner of
the leased equipment, notwithstanding the dangerous
instrumentality rule. An exception to this general
rule is where the owner of the leased equipment was
guilty of negligently maintaining the lease equipment
or created a defect in the equipment that caused the
accident. If the accident in this instance was due to
operator negligence, then the exclusive remedy
provisions would be applicable and the injured
plaintiff would not have a cause of action against the
owner of the leased equipment. However, if the owner
of the leased equipment negligently maintained the
equipment and such negligence caused the accident, then
there could be responsibility. Order of summary
judgment reversed where there was a conflict in the
evidence as to the cause of accident.
