ORANGE COUNTY v. SEALY

No. 80-1395.

412 So.2d 25 (1982)

ORANGE COUNTY, Appellant, v. Roosevelt SEALY, et Ux, Appellees.

District Court of Appeal of Florida, Fifth District.

March 31, 1982.


Attorney(s) appearing for the Case

G. Yates Rumbley of Pitts, Eubanks & Ross, P.A., Orlando, for appellant.

Robert D. Melton, P.A., Orlando, for appellees.


COWART, Judge.

An employer, who paid an injured employee workers' compensation, seeks recovery, under section 440.39(3)(a), Florida Statutes (1981), of an equitable pro rata share of damages the employee recovered from Mr. Smith, a third party who negligently caused the employee's injuries.

Appellee was employed by appellant as a deputy sheriff when he was injured. Mr. Smith's insurer paid appellee personal injury policy limits of $10,000, which included settlement...

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