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LEONARD v. DENNIS

Nos. 83-2175, 83-2293.

465 So.2d 538 (1985)

James A. LEONARD, State Farm Mutual Automobile Insurance Company, Budget Rent-a-Car of Tampa, Inc., and Liberty Mutual Insurance Company, Jointly and Individually, Appellants, v. Robert H. DENNIS, Appellee. BUDGET RENT-A-CAR OF TAMPA, INC., and Liberty Mutual Insurance Company, Appellants, v. Robert H. DENNIS, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 19, 1985.

Attorney(s) appearing for the Case

Jeffrey N. Kramer, Claude H. Tison, Jr., and Stephen H. Sears of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellants Budget Rent-A-Car and Liberty Mutual Insurance Company.

Joseph S. Silver of Miller, McKendree & Somers, Tampa, for appellant State Farm Mutual Automobile Insurance Company.

Stuart C. Markman and D. Frank Winkles of Winkles, Trombley & Kynes, P.A., Tampa, for appellee Robert H. Dennis.

GRIMES, Acting Chief Judge.

These appeals involve the question of whether an employee who was injured through the negligence of his co-employee had the right to sue him as a third party tortfeasor.

Robert Dennis was injured in an accident while he was a passenger in an automobile owned by Budget Rent-A-Car of Tampa, Inc., and driven by his fellow employee James Leonard. Dennis sued Leonard, Budget, and their insurers for damages. The jury returned a $100,000...

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