SMITH v. USSERY

No. 40803.

261 So.2d 164 (1972)

Jerry E. SMITH, Petitioner, v. Alvin USSERY and Aubrey Ussery, d/b/a Ussery Cement Finishing Company, Respondents.

Supreme Court of Florida.

Rehearing Denied May 12, 1972.


Attorney(s) appearing for the Case

Stanley Epstein, of Mamber, Gopman, Epstein & Miles, North Miami Beach, for petitioner.

David L. Willing, of Adams, George & Wood, Miami, for respondents.


DEKLE, Justice.

Misapplication of a valid legal principle has erroneously denial recovery to an employee in his action for negligence against a separate contractor on the same construction job. The recognized theory adopted as applying, was that which limits employees working "under a common employer in a common enterprise ("statutory fellow servants") to the exclusive remedy of workmen's compensation under Fla. Stat. § 440.11, F.S.A. The "common employer" section...

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