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EMPLOYERS INS. OF WAUSAU v. ABERNATHY

No. 63035.

442 So.2d 953 (1983)

EMPLOYERS INSURANCE OF WAUSAU, et al., Petitioners, v. Stacey R. ABERNATHY, Respondent.

Supreme Court of Florida.

December 15, 1983.

Attorney(s) appearing for the Case

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, Fort Myers, and Jana V. Jay of Napier & Donovan, Naples, for petitioners.

Bruce D. Frankel of Goldberg, Rubinstein & Buckley, Fort Myers, for respondent.

Larry Klein, West Palm Beach, for The Academy of Florida Trial Lawyers, amicus curiae.

McDONALD, Justice.

In Abernathy v. Employers Insurance of Wausau, 428 So.2d 272, 276 (Fla. 2d DCA 1982), the second district asked the question:

CAN THE EMPLOYEE OF A "CONTRACTOR", HAVING RECEIVED WORKMAN'S COMPENSATION BENEFITS FROM HIS EMPLOYER, SUE HIS EMPLOYER'S SUBCONTRACTOR FOR DAMAGES ARISING OUT OF THE NEGLIGENCE OF THE LATTER'S EMPLOYEE?

We have jurisdiction pursuant to article V, section 3(b)(4...

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