SUAREZ v. TRANSMONTAIGNE SERVICES, INC.

No. 4D12-333.

127 So.3d 845 (2013)

Aristides SUAREZ, Appellant, v. TRANSMONTAIGNE SERVICES, INC. and Transmontaigne Product Services, Inc., successor in merger to Transmontaigne Transport, Appellees.

District Court of Appeal of Florida, Fourth District.

December 4, 2013.


Attorney(s) appearing for the Case

Susan S. Lerner and Elizabeth K. Russo of Russo Appellate Firm, P.A., and Stokes & Gonzalez, P.A., Miami, for appellant.

Hinda Klein of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for appellees.


WARNER, J.

Aristides Suarez, the plaintiff below, appeals a final summary judgment for Transmontaigne Services, Inc. ("TSI"). The trial court found TSI immune from appellant's negligence claim under the Florida worker's compensation act because appellant was acting as TSI's "borrowed servant." Because there are material issues of fact as to the relationship of appellant to TSI, we reverse.

Appellant was employed by Gonzalez & Sons Equipment, Inc., a Miami...

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