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ABERNATHY v. EMPLOYERS INS. OF WAUSAU

No. 82-331.

428 So.2d 272 (1982)

Stacey R. ABERNATHY, Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, Metropolitan Drywall Systems, Inc., Aetna Casualty and Surety Company and Allied Crane Service, Inc., Appellees.

District Court of Appeal of Florida, Second District.

December 10, 1982.

Attorney(s) appearing for the Case

Bruce D. Frankel and John B. Cechman of Goldberg, Rubinstein & Buckley, P.A., Fort Myers, for appellant.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellees, Employers Ins. of Wausau and Metropolitan Drywall Systems, Inc.

Jana V. Jay of Napier & Donovan, Naples, for appellees, Aetna Cas. and Surety Co. and Allied Crane Service, Inc.

CAMPBELL, Judge.

In this case, we consider the question of whether an employee of a general contractor may sue a subcontractor in tort for the negligence of the subcontractor's employee. Stacey Abernathy worked for Deltona Corporation. That company was, at least nominally, the general contractor on a condominium construction project being developed by its wholly owned subsidiary, Marco Island Beach Front, Inc. Deltona contracted with Metropolitan Drywall and with...

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