VMS, INC. v. ALFONSO

No. 3D13-1044.

147 So.3d 1071 (2014)

VMS, INC. a/k/a VMS Maintenance Systems, Inc., Appellant, v. Elvis ALFONSO, Appellee.

District Court of Appeal of Florida, Third District.

September 24, 2014.


Attorney(s) appearing for the Case

DeMahy Labrador Drake Victor & Cabeza, Gregory A. Victor , Susana C. Nunez , Coral Gables , Mark R. Boyd and Scott A. Markowitz , Fort Lauderdale, for appellant.

Beckham & Beckham, Pamela Beckham and Eugene Beckham , Miami, for appellee.

Before, SHEPHERD, C.J., and WELLS, SUAREZ, ROTHENBERG, LAGOA, SALTER, EMAS, FERNANDEZ, LOGUE and SCALES, JJ.


WELLS, Judge.

VMS, Inc. appeals from a partial summary judgment determining that it was estopped from asserting workers' compensation immunity to bar an action sounding in negligence brought by the employee of a sub-subcontractor. Because VMS secured the payment of compensation required by statute, we find that VMS is not estopped from asserting such immunity and reverse.

As pertinent here, the facts are undisputed. Pursuant to a written contract, VMS contracted...

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