Burke v. Charles B. Esher, Inc., 79-1560

• Decision Date: 28 April 1981
• Docket Number: No. 79-1560,79-1560
• Citation: 397 So.2d 439
• Parties: George BURKE, Appellant, v. CHARLES B. ESHER, INC., Appellee.
• Court: Florida District Court of Appeals

Page 439

397 So.2d 439

George BURKE, Appellant, v. CHARLES B. ESHER, INC., Appellee.

No. 79-1560.

District Court of Appeal of Florida, Third District.

April 28, 1981.

Arthur Newman, Miami, for appellant.

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

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

PER CURIAM.

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.