Florida Gas Co. v. Spaulding
| Decision Date | 28 August 1969 |
| Docket Number | No. K--243,K--243 |
| Parties | FLORIDA GAS COMPANY, a Florida Corporation, Appellant, v. Charlotte A. SPAULDING, a widow, individually and as administratrix and personal representative of the Estate of Harry A. Spaulding, Deceased, and Dickerson, Inc., a Corporation, Appellees. |
| Court | Florida District Court of Appeals |
Boyd, Jenerette & Leemis, Jacksonville, substitute counsel for appellant.
George Stelljes, Jr., of Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, for appellees.
Appellant seeks reversal of an adverse final summary judgment in a third party action brought by appellant against the appellee.
Appellant was defendant in a negligence action brought by the widow of Harry A. Spaulding, an employee of Dickerson, Inc., appellee herein. The decedent was a heavy equipment operator on a road construction job being performed by appellee Dickerson, Inc. The decedent sustained fatal injuries in the course of his employment when the earth mixing machine he was operating struck a gas main owned by appellant causing an explosion. At the time of the accident, the employer, Dickerson, Inc., had accepted the provisions of Chapter 440, Florida Statutes, and had complied with the provisions thereof by obtaining workmen's compensation insurance. Benefits under said act were being paid to the widow of the deceased employee at the time this action was brought.
Upon the bringing of Mrs. Spaulding's negligence action against the appellant, the latter filed its third party complaint seeking indemnity against the decedent's employer contending that the fatal accident resulted from the negligent acts and omissions of the employer.
By its answer, the appellee interposed its defenses among which was the contention that appellant's third party action against an employer was barred by the provisions of the Florida Workmen's Compensation Act, specifically Section 440.11, Florida Statutes, F.S.A., which states:
'Exclusiveness of liability.--The liability of an employer prescribed in § 440.10 shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in admiralty on account of such injury or death * * *'
Upon consideration of the appellee's motion for summary judgment, the trial court found that there were no genuine material issues of...
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Spaulding v. Florida Gas Co.
...Company v. Spaulding, 243 So.2d 129 (Fla.1971), wherein the Supreme Court quashed the opinion of this Court in Florida Gas Company v. Spaulding, 226 So.2d 115 (Fla.App.1st 1969). In the case sub judice the Circuit Court of Duval County, Florida, pursuant to Florida Appellate Rule has certif......
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Florida Gas Co. v. Spaulding
...ROBERTS, Justice. Petitioner, Florida Gas Company, seeks review of a decision of the District Court of Appeal, First District, 226 So.2d 115, which affirmed an adverse final summary judgment in a third party action brought by petitioner against respondent, Dickerson, The widow of Harry A. S......