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GAYER v. FINE LINE CONST. & ELEC., INC.

No. 4D06-2159.

970 So.2d 424 (2007)

Timothy Duane GAYER, Appellant, v. FINE LINE CONSTRUCTION & ELECTRIC, INC.; Labor Finders of Broward County, Inc.; Labor Finders International, Inc.; and L.F.I. Safety Management Services, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 11, 2008.

Attorney(s) appearing for the Case

Adam Lawrence of Lawrence & Daniels, and Stabinski & Funt, P.A., Miami, for appellant.

Donna M. Krusbe of Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A., West Palm Beach, for Appellee-Fine Line Construction & Electric, Inc.

STONE, J.

Timothy Gayer appeals a summary judgment entered in favor of Fine Line on Gayer's spoliation of evidence claim. Appearing as an issue of first impression, we conclude that a special employer using a laborer from a help supply services company has a duty under section 440.39(7), Florida Statutes, to preserve evidence for the injured laborer's claim against a third-party tortfeasor.

Gayer was employed by a help supply services company, Labor Finders...

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