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BELVEDERE CONST. CO. v. SHELTON

No. 77-416.

362 So.2d 431 (1978)

BELVEDERE CONSTRUCTION COMPANY, Appellant, v. Sam SHELTON, Jr., Safeco Insurance Company, and Capeletti Brothers, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

August 30, 1978.

Attorney(s) appearing for the Case

Sam Daniels of Daniels & Hicks, Miami, and Fleming O'Bryan & Fleming, Fort Lauderdale, for appellant.

Wallis E. Schulle of Simpson, Brodbeck & Schulle, West Palm Beach, for appellee-Sam Shelton, Jr.

Richard J. Meehan and Kenneth J. Scherer of DeSantis, Cook, Meehan & Cohen, P.A., North Palm Beach, for appellee-Capeletti Brothers, Inc.

PER CURIAM.

AFFIRMED.

DAUKSCH, J., and BLACK, SUSAN, Associate Judge, concur.

LETTS, J., dissents with opinion.

LETTS, Judge, dissenting:

I dissent.

This case involves the loaned servant doctrine. A contractor, Capeletti Brothers, Inc. while working on the I-95 project, mistakenly broke a 24 inch water main. Thereupon the City sent out a second contractor, Belvedere Construction Company, to repair the break.

Upon arriving...

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