Hill v. Gregg, Gibson & Gregg, Inc., No. 41485

CourtUnited States State Supreme Court of Florida
Writing for the CourtERVIN; BOYD; BOYD
Citation260 So.2d 193
PartiesFred Wayne HILL, Sr., Petitioner, Cross-Respondent, v. GREGG, GIBSON & GREGG, INC., et al., Respondents, Cross-Petitioners.
Decision Date22 March 1972
Docket NumberNo. 41485

Page 193

260 So.2d 193
Fred Wayne HILL, Sr., Petitioner, Cross-Respondent,
v.
GREGG, GIBSON & GREGG, INC., et al., Respondents, Cross-Petitioners.
No. 41485.
Supreme Court of Florida.
March 22, 1972.
Rehearing Denied April 26, 1972.

Dudley Burton, of Burton & Burton, P.A., Miami, for petitioner, cross-respondent.

Page 194

David, J. Williams, of Langston & Massey, Lakeland, for respondents, cross-petitioners.

Kenneth H. Hart, Jr., Tallahassee, for Fla. Industrial Relations Comm., respondent.

ERVIN, Acting Chief Justice.

We have for review on petition and cross-petition for writ of certiorari an order of the Industrial Relations Commission affirming the Judge of Industrial Claims' denial of Petitioner Fred Wayne Hill, Sr.'s, workmen's compensation claim on the ground his injury did not arise out of, or in the course of, his employment.

Petitioner and his retarded son were both employed by Respondent Gregg, Gibson & Gregg, Inc. The accident giving rise to this action occurred when Petitioner went to his employer's project superintendent's office to discuss his son's wages. The office was several miles from Petitioner's job site, and he went to the office approximately one hour before the beginning of his shift. The discussion turned into an argument, and the project superintendent fired both Petitioner and his son and ordered them off the premises. As they were leaving, the superintendent severely assaulted Petitioner, resulting in injuries and disability which prompted this claim for compensation benefits, as well as a lawsuit filed by Petitioner against the superintendent and the employer. The civil action was settled for $20,000, which was paid to Petitioner by or on the account of the superintendent and Gregg, Gibson & Gregg, Inc., and its insurance carrier. No contention is made here by employer or its carrier that it will be entitled by virtue of F.S. Section 440.39, F.S.A., to any subrogation from the employee's recovery of the $20,000 because of compensation benefits that may be awarded pursuant to the final result herein.

After the settlement had been agreed upon, but before it was consummated, Petitioner filed the workmen's compensation claim. It was denied by the Judge of Industrial Claims on two grounds: (1) because the accident did not arise out of or in the course of Petitioner's employment since the assault took place several miles from the place where he performed his duties for the employer, 30 minutes before the beginning of his work day, and while he was on a personal mission; and (2) because the claim was barred by the doctrine of election of remedies which estopped Petitioner from benefiting from two inconsistent remedies.

The Industrial Relations Commission unanimously agreed that the Judge erred in holding the claim barred by the election of remedies doctrine. The Commission said the 1951 amendment to F.S. Section 440.39, F.S.A., abolished the election of remedies doctrine...

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21 practice notes
  • Jones v. Jay Truck Driver Training Center, Inc., No. WD
    • United States
    • Missouri Court of Appeals
    • July 21, 1987
    ...76 Ariz. 105, 259 P.2d 547 (1953); Peterson v. Moran, 111 Cal.App.2d 766, 245 P.2d 540 (1952); Hill v. Gregg, Gibson & Gregg, 260 So.2d 193 (Fla.1972); Woodward v. St. Joseph's Hospital of Atlanta, 160 Ga.App. 676, 288 S.E.2d 10 (1981); Carter v. Lanzetta, 249 La. 1098, 193 So.2d 259 (1......
  • 1998 -NMCA- 179, Martin-Martinez v. 6001, Inc., MARTIN-MARTINE
    • United States
    • New Mexico Court of Appeals of New Mexico
    • October 14, 1998
    ...making injuries arising out of discharge causally connected to that employment.' " (quoting Hill v. Gregg, Gibson & Gregg, Inc., 260 So.2d 193, 195 (Fla.1972))); see also 2 Larsons, supra, § 26.10, n. 1, at 5-329 to -332. Professor Larson Compensation coverage is not automatically ......
  • Case of Larocque, No. 90-P-1090
    • United States
    • Appeals Court of Massachusetts
    • December 11, 1991
    ...766, 245 P.2d 540 (1952). Mitchell v. Hizer, 73 Cal.App.3d 499, 140 Cal.Rptr. 790 (1977). Hill v. Gregg, Gibson & Gregg, Inc., 260 So.2d 193 (Fla.1972). Woodward v. St. Joseph's Hosp. of Atlanta, 160 Ga.App. 676, 288 S.E.2d 10 (1981). Guntrop-Warren Printing Co. v. Industrial Commn., 74......
  • Price v. R & A SALES, No. 84A04-0111-CV-508.
    • United States
    • Indiana Court of Appeals of Indiana
    • August 23, 2002
    ...111 Cal.App.2d 766, 245 P.2d 540 (1952); Carter v. Lanzetta, 249 La. 1098, 193 So.2d 259 (1966); Hill v. Gregg, Gibson & Gregg, 260 So.2d 193 (Fla.1972); Leonhardt Enter. v. Houseman, 562 P.2d 515 (Okla.1977); Woodward v. St. Joseph's Hosp. of Atlanta, 160 Ga. App. 676, 288 S.E.2d 10 (1......
  • Request a trial to view additional results
21 cases
  • Jones v. Jay Truck Driver Training Center, Inc., No. WD
    • United States
    • Missouri Court of Appeals
    • July 21, 1987
    ...76 Ariz. 105, 259 P.2d 547 (1953); Peterson v. Moran, 111 Cal.App.2d 766, 245 P.2d 540 (1952); Hill v. Gregg, Gibson & Gregg, 260 So.2d 193 (Fla.1972); Woodward v. St. Joseph's Hospital of Atlanta, 160 Ga.App. 676, 288 S.E.2d 10 (1981); Carter v. Lanzetta, 249 La. 1098, 193 So.2d 259 (1......
  • 1998 -NMCA- 179, Martin-Martinez v. 6001, Inc., MARTIN-MARTINE
    • United States
    • New Mexico Court of Appeals of New Mexico
    • October 14, 1998
    ...making injuries arising out of discharge causally connected to that employment.' " (quoting Hill v. Gregg, Gibson & Gregg, Inc., 260 So.2d 193, 195 (Fla.1972))); see also 2 Larsons, supra, § 26.10, n. 1, at 5-329 to -332. Professor Larson Compensation coverage is not automatically ......
  • Case of Larocque, No. 90-P-1090
    • United States
    • Appeals Court of Massachusetts
    • December 11, 1991
    ...766, 245 P.2d 540 (1952). Mitchell v. Hizer, 73 Cal.App.3d 499, 140 Cal.Rptr. 790 (1977). Hill v. Gregg, Gibson & Gregg, Inc., 260 So.2d 193 (Fla.1972). Woodward v. St. Joseph's Hosp. of Atlanta, 160 Ga.App. 676, 288 S.E.2d 10 (1981). Guntrop-Warren Printing Co. v. Industrial Commn., 74......
  • Price v. R & A SALES, No. 84A04-0111-CV-508.
    • United States
    • Indiana Court of Appeals of Indiana
    • August 23, 2002
    ...111 Cal.App.2d 766, 245 P.2d 540 (1952); Carter v. Lanzetta, 249 La. 1098, 193 So.2d 259 (1966); Hill v. Gregg, Gibson & Gregg, 260 So.2d 193 (Fla.1972); Leonhardt Enter. v. Houseman, 562 P.2d 515 (Okla.1977); Woodward v. St. Joseph's Hosp. of Atlanta, 160 Ga. App. 676, 288 S.E.2d 10 (1......
  • Request a trial to view additional results

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