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PERKINS v. SCOTT

No. 89-00126.

554 So.2d 1220 (1990)

Lewis R. PERKINS and Norma L. Perkins, His Wife, Appellants, v. Marvin H. SCOTT, Jr., Appellee.

District Court of Appeal of Florida, Second District.

January 5, 1990.

Attorney(s) appearing for the Case

Rayford H. Taylor of Stiles, Allen & Taylor, P.A., Tallahassee, for appellants.

Raymond T. Elligett, Jr., and William A. Gillen, Jr., of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for appellee.

ALTENBERND, Judge.

The plaintiffs, Mr. Perkins and his wife, appeal a final summary judgment which dismissed their premises liability claim against Mr. Scott, a commercial landlord. The trial court determined that the plaintiffs' claim was barred by workers' compensation immunity. We reverse. Because Mr. Scott is not the statutory employer, he is neither obligated to secure workers' compensation benefits under section 440.10, Florida Statutes (1985), nor is he entitled...

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