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TARMAC FLA./LIBERTY MUT. v. GWALTNEY

No. 91-2754.

604 So.2d 907 (1992)

TARMAC OF FLORIDA/LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. Harold James GWALTNEY, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

September 4, 1992.

Attorney(s) appearing for the Case

Mary Bland Love, Kristy J. Gavin and Gregory B. Lower, Jacksonville, for appellant.

No appearance for appellees.

COBB, Judge.

In 1987 James Gwaltney was injured by a negligent third party tortfeasor while in the course and scope of his employment as a cement truck driver for Tarmac of Florida, Inc. As a consequence, workers' compensation benefits were paid and will continue to be paid in the future by Tarmac's carrier, Liberty Mutual Insurance Company.

Gwaltney sued the tortfeasor and Liberty Mutual filed a lien in that action pursuant to section 440.39(3)(a), Florida...

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