Caramico v. Artcraft Industries, Inc., 98-2073.

Decision Date19 February 1999
Docket NumberNo. 98-2073.,98-2073.
Citation727 So.2d 348
PartiesSylvester CARAMICO, Appellant, v. ARTCRAFT INDUSTRIES, INC., etc., et al., Appellees.
CourtFlorida District Court of Appeals

David A. May of David A. May, P.A., Maitland, for Appellant.

Alan K. Fertel of Ferrell & Fertel, P.A., Miami, for Appellees.

GOSHORN, J.

Sylvester Caramico appeals a final judgment entered pursuant to a grant of summary judgment in favor of appellee Artcraft Industries, Inc. ("Artcraft"). We affirm.

Caramico injured his leg and back when he slipped and fell on a sanding disk cover while working on Artcraft's premises. Caramico had been hired by Administaff, Inc., a licensed employee leasing company, and had been leased to Artcraft to make cabinets. Caramico had signed a contract with Administaff evidencing the employment relationship and his assignment to Artcraft, and Administaff and Artcraft had an agreement between themselves providing that Administaff would provide workers' compensation coverage for the employees leased to Artcraft.

Caramico sought and received workers' compensation benefits from Administaff, and then he sued Artcraft for negligence on a premises liability theory. The circuit court granted summary judgment for Artcraft, finding that Artcraft was entitled to immunity from suit under subsection 440.11, Florida Statutes (1997). This section provides in part:

(1) The liability of an employer prescribed in s. 440.10 shall be exclusive and in place of all other liability of such employer to any third-party tortfeasor and to the employee ... except that if an employer fails to secure payment of compensation as required by this chapter, an injured employee ... may elect to claim compensation under this chapter or to maintain an action at law or in admiralty for damages on account of such injury or death....
(2) The immunity from liability described in subsection (1) shall extend to an employer and to each employee of the employer which utilizes the services of the employees of a help supply services company, as set forth in Standard Industry Code Industry Number 7363, when such employees, whether management or staff, are acting in furtherance of the employer's business. An employee so engaged by the employer shall be considered a borrowed employee of the employer, and, for the purposes of this section, shall be treated as any other employee of the employer. The employer shall be liable for and shall secure the payment of compensation to all such
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9 cases
  • Carib Ocean Shipping, Inc. v. Armas
    • United States
    • Florida District Court of Appeals
    • September 3, 2003
    ...who improperly operated the crane, see Fleming Companies, Inc. v. Moreira, 690 So.2d 1367 (Fla. 3d DCA 1997); Caramico v. Artcraft Indus., Inc., 727 So.2d 348 (Fla. 5th DCA 1999); Maxson Constr. Co. v. Welch, 720 So.2d 588 (Fla. 2d DCA 1998), and (b) the only asserted basis of Carib's liabi......
  • Biggins v. Fantasma Prods., Inc. of Florida
    • United States
    • Florida District Court of Appeals
    • December 6, 2006
    ...Jones Constr. Co., 875 So.2d 700 (Fla. 1st DCA 2004); Watson v. Job Corp., 840 So.2d 367 (Fla. 3d DCA 2003); Caramico v. Artcraft Indus., Inc., 727 So.2d 348 (Fla. 5th DCA 1999); Maxson Constr. Co. v. Welch, 720 So.2d 588 (Fla. 2d DCA 1998). In dicta, this Court has commented that the defin......
  • Saleeby v. Rocky Elson Const., Inc.
    • United States
    • Florida District Court of Appeals
    • September 5, 2007
    ...help services, and labor pools are "help supply services compan[ies]" for purposes of chapter 440. See Caramico v. Artcraft Indus. Inc., 727 So.2d 348, 349 (Fla. 5th DCA 1999). It is undisputed that Labor for Hire was a help supply services company that sent its employee, Saleeby, to Rocky ......
  • St. Lucie Falls Property Owners v. Morelli
    • United States
    • Florida District Court of Appeals
    • June 6, 2007
    ...services, temporary help services, and labor pools as examples of help supply services companies. See Caramico v. Artcraft Indus., Inc., 727 So.2d 348, 349 (Fla. 5th DCA 1999). In this case, while ADP Total Source was an employee leasing service, there was no direct contractual relationship......
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