AETNA CASUALTY & SURETY COMPANY, APPELLANT,
v.
OLD REPUBLIC INSURANCE COMPANY AND EMPLOYERS INSURANCE OF WAUSAU MUTUAL COMPANY, APPELLEES

Fla. 3d DCA | 1988-03-15
No. 87-865
Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ.
521 So. 2d 388 Florida District Court of Appeal, Third District (1988)

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Synopsis

The appellate court reversed the trial court's denial of a directed verdict, holding that an employee killed on the employer's premises while preparing for work was within the scope of his employment for worker's compensation purposes.


Holding

The trial court erred in failing to grant a directed verdict for the employer and co-employee, as the employee's death occurred within the scope of his employment and the negligence claim against the co-employee was barred by worker's compensation law.


Facts & Procedural History

An employee arrived at his workplace 30 minutes before his scheduled start time, parked his motorcycle, and was killed by a fellow employee's truck be…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Lumbermens Mutual Casualty Company v. Foremost Insurance Company, 425 So. 2d 1158 (Fla. 3d DCA 1983); Lehman-Eastern Auto Rentals, Inc. v. Brooks, 370 So. 2d 14 (Fla. 3d DCA 1979).


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