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Burke v. Charles B. Esher, Inc.

District Court of Appeal of Florida, Third District
Apr 28, 1981
397 So. 2d 439 (Fla. Dist. Ct. App. 1981)

Opinion

No. 79-1560.

April 28, 1981.

Appeal from the Circuit Court, Dade County, Ira L. Dubitsky, J.

Arthur Newman, Miami, for appellant.

Preddy, Kutner Hardy and G. William Bissett, Miami, for appellee.

Before BARKDULL, SCHWARTZ and DANIEL S. PEARSON, JJ.


We affirm the summary judgment below upon a holding that where a subcontractor of one of two joint venturer general contractors has secured a workers' compensation insurance policy under which the subcontractor's employee has been compensated for work related injuries, the employee cannot maintain an independent action to recover for these injuries against either of the joint venturer general contractors. § 440.11, Fla. Stat. (1975). Cf. Wilson v. Sirkin Building Corporation, 336 So.2d 462 (Fla. 3d DCA 1976) (injured employee of joint venture covered under workers' compensation insurance policy secured by one joint venturer cannot maintain independent tort action to recover for such injuries against the other joint venturer).

Affirmed.


Summaries of

Burke v. Charles B. Esher, Inc.

District Court of Appeal of Florida, Third District
Apr 28, 1981
397 So. 2d 439 (Fla. Dist. Ct. App. 1981)
Case details for

Burke v. Charles B. Esher, Inc.

Case Details

Full title:GEORGE BURKE, APPELLANT, v. CHARLES B. ESHER, INC., APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 28, 1981

Citations

397 So. 2d 439 (Fla. Dist. Ct. App. 1981)

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