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.
Carib Ocean Shipping, Inc. v. Armas
28 FLW D2055
The owner of a dangerous instrumentality (crane) sought to defend a civil cause of action based on the alleged negligence of a co-employee operating the crane, it being alleged that under the dangerous instrumentality rule, the owner was vicariously responsible for the actions of the operator. The workers' compensation immunity defense was not pled as required in the answer to the complaint but shortly before the scheduled trial date, the owner of the dangerous instrumentality moved to amend its defenses so as to assert exclusive remedy as an additional affirmative defense. Court determined that under Florida Rule of Civil Procedure 1.190(e), the lower court erred in not allowing for the amendment as an additional affirmative defense. Extensive review of cases allowing for the amendment to pleadings in the absence of a showing of prejudice to the opposing party in preparing for the "new issue".