PEDRO LUIS PEREZ AND LUISA PEREZ, HIS WIFE; ADOLFO RODRIGUEZ AND MIGDALIA RODRIGUEZ, HIS WIFE OSVALDO LOPEZ AND JOSEFA LOPEZ, HIS WIFE; AND OCTAVIO VALDES AND BELEN VALDES, HIS WIFE, APPELLANTS,
v.
MAULE INDUSTRIES, INC. AND THE INSURANCE COMPANY OF NORTH AMERICA (INA), APPELLEES

Fla. 3d DCA | 1982-03-30
Nos. 80-54 to 80-56, 80-58
Before HUBBART, C. J., and HENDRY and FERGUSON, JJ.
411 So. 2d 960 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal presents the same issue considered by this court in Goldberg v. Context Industries, Inc., 362 So. 2d 974 (Fla. 3d DCA 1978), cert. denied, 370 So. 2d 459 (Fla.1979),1 — whether an injured worker may recover worker’s compensation benefits against a wholly owned subsidiary corporation then bring a separate tort action against the parent corporation though both parent and the subsidiary are covered under the same worker’s compensation policy. On authority of Goldberg, supra, we again affirm the summary judgment granted in favor of the parent corporation.

Affirmed.

. In Wilkerson v. Gulfstream Land and Development Corporation, 402 So. 2d 550 (Fla. 4th DCA 1981), our sister court expressly declined to follow Goldberg v. Context industries, Inc., supra, and reversed a summary judgment granted in favor of the parent corporation.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Perez v. Universal Eng'g Corp., 413 So. 2d 75 (Fla. 3d DCA 1982)
    …e, summary judgment was inappropriate. Holl v. Talcott, 191 So. 2d 40 (Fla.1966). Reversed and remanded for further consistent proceedings. . The action against Maulé Industries is the subject of a separate appeal, Perez v. Maule Industries, Inc., 411 So. 2d 960 (Fla. 3d DCA 1982). . In a companion case, Valdes v. Western Knapp Engineering Co., 382 So. 2d 1371 (Fla. 3d DCA 1980), summary judgment was reversed, Western having candidly confessed error in light of Overland Construction Co. v. Sirmons, infra.…
  • Davis v. Fireman's Fund Ins. Co., 463 So. 2d 1191 (Fla. 2d DCA 1985)
    …g in, on, out or off.” When the language of an insurance contract is unambiguous, as we believe it is here, the language must be given its plain, ordinary, and popular meaning, the same as any other contract. Carter v. Peninsular Fire Insurance Co., 411 So. 2d 960 (Fla. 3d DCA 1982). Even applying, as we must, the most liberal interpretation of the language possible to achieve coverage, M.E. Charlesworth, Ltd. v. Perez, 426 So. 2d 1107 (Fla. 3d DCA 1983), we simply cannot say that the deceased was “occupying”…
  • Lancer Ins. Co. v. Gomez, 799 So. 2d 334 (Fla. 3d DCA 2001)
    …quently. The jitney bus operated every day of the year with the exception of approximately three weeks. The repeated use of the jitney clearly does not fall under the intended definition of a “non-owned” auto. See Carter v. Peninsular Fire Ins. Co., 411 So. 2d 960, 962 (Fla. 3d DCA 1982)(use of van for ten to twenty days a month, for period of four to six hours a day was too substantial [*337] to fall within ambit of occasional or infrequent use). We find that the jitney bus was not covered under Lancer’s ins…

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