MIAMI ELEVATOR COMPANY AND MIAMI-DADE COMMUNITY COLLEGE, APPELLANTS,

v.

ELISA GRINSTEIN AND JOSE GRINSTEIN, APPELLEES

Citator

Cited By

• Halifax Paving, Inc. v. Scott & Jobalia Constr. Co., Inc., 565 So. 2d 1346 (Fla. 1990)
  …and the operator of this instrumentality was a borrowed servant, not a fellow servant. We agree with the Fifth District that these differences are not sufficient to justify a different result than that in Smith. Accord Morales v. Ryder Truck Rental, 559 So. 2d 317 (Fla. 3d DCA 1990). Indeed, the central policies of worker’s compensation are to provide employees with a swift and adequate means of compensation for injury, and to insulate employers from potentially bankrupting tort liability for work-place acci…
• Gen. Crane, Inc. v. Grady McNEAL and Annette McNeal, 744 So. 2d 1062 (Fla. 4th DCA 1999)
  …e it from liability. See, e.g., Commercial Coatings of Northwest Fla., Inc. v. Pensacola Concrete Constr. Co., 616 So. 2d 960 (Fla.1993); Halifax Paving, Inc. v. Scott & Jobalia Constr. Co., 565 So. 2d 1346 (Fla.1990); Morales v. Ryder Truck Rental, 559 So. 2d 317 (Fla. 3d DCA 1990). However, a competing principle enters into play where a general employer rents equipment of considerable value along with a servant to operate it. In such a case, it is presumed that the general employer expects the employee to p…
• Larzelere v. Emp'rs Ins. OF Wausau, 613 So. 2d 510 (Fla. 2d DCA 1993)
  …ise. See Smith v. Ryder Truck Rentals, Inc., 182 So. 2d 422 (Fla.1966). When a dangerous instrumentality is leased to an employer, the lessor shares the employer’s worker’s compensation immunity from suit by employees. Morales v. Ryder Truck Rental, 559 So. 2d 317 (Fla. 3d DCA 1990). The crane operator, acting under Enterprise’s direction, became Enterprise’s borrowed servant. Although the trial court acted correctly in its disposition of the negligence issue, it failed to take into account that the Larzeler…

Authorities Cited

• Colonial Stores, Inc. v. Doyle Wayne Scarbrough, 355 So. 2d 1181 (Fla. 1977)
• First Interstate Dev. Corp. v. Ablanedo, 511 So. 2d 536 (Fla. 1987)
• Whitman v. Castlewood Int'l Corp., 383 So. 2d 618 (Fla. 1980)
• Cedars OF Lebanon Hosp. Corp. v. Orlando Silva, M.D., 476 So. 2d 696 (Fla. 3d DCA 1985)