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.
Sherrill v. Corbett Cranes Services, Inc.
656 So.2d 181 ( Fla. 5th DCA 1995), 20 FLW D1112
General contractor leased from crane company a crane
and an operator to do a job. It was alleged that while
operating the crane, the operator injured an employee
of the general contractor. Crane company and employee
operating crane defended civil cause of action based on
exclusive remedy provisions of the Workers'
Compensation Act. Florida has long recognized that a
worker injured by a leased dangerous instrumentality
such as a crane operated by a fellow worker is limited
to recovery under the Florida Workers' Compensation
Act. In this case, however, the company leased not
only the dangerous instrumentality (the crane) but also
the operator. The question in this instance is whether
the operator of the crane became a borrowed servant of
the general contractor thereby precluding civil
recovery by the injured worker because of the exclusive
remedy provisions of the Florida Workers' Compensation
Act. Criteria for determining if a borrowed servant
relationship is in existance was summarized in the
opinion of Crawford v. Florida Steel Corporation, 478
So.2d 855. Court determined that there was an
insufficient showing of evidence in this case to
establish as a matter of law that the operator of the
crane was the borrowed servant of the general
contractor. Accordingly, it was improper to award
summary judgment in favor of defendant crane company.
