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VALLEJOS v. LAN CARGO S.A.

No. 3D12-1259.

116 So.3d 545 (2013)

Ernesto VALLEJOS, as Personal Representative of the Estate of Ernesto Vallejos, Deceased, Appellant, v. LAN CARGO S.A., and Infinity Cargo Services, Inc., Appellees.

District Court of Appeal of Florida, Third District.

June 19, 2013.

Attorney(s) appearing for the Case

Bennet Lapidus , New Jersey; Sallato & Associates and Maria Teresa Sallato , Miami, for appellant.

Fowler White Burnett and Esther E. Galicia and J. Michael Pennekamp , Miami, for appellee Lan Cargo, S.A.; Cole Scott & Kissane and Scott A. Cole and Anne Sullivan Magnelli , Miami, for appellee Infinity Cargo Services, Inc.

Before WELLS, C.J., and CORTIÑAS, J., and SCHWARTZ, Senior Judge.

CORTIÑAS, J.

Ernesto Vallejos worked for Professional Aviation Management, Inc., a subcontractor that supplied personnel to general contractor Lan Cargo, S.A., the owner of the warehouse at Miami International Airport. Infinity Cargo Services, Inc., was another subcontractor that supplied personnel to Lan. Vallejos was a forklift operator. His duties did not include taking hoppers (small dumpsters) outside to dump in a larger dumpster. On the day of his accident...

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