WILLIAM GOLDBERG AND ELIZABETH ANN GOLDBERG, HIS WIFE, APPELLANTS,
v.
CONTEXT INDUSTRIES, INC., ETC., ET AL., APPELLEES
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This case concerns whether a parent corporation is the 'employer' of an injured employee of its wholly owned subsidiary, thereby barring an independent tort action after the employee collected workmen's compensation from the subsidiary.
The parent corporation of a wholly owned subsidiary is considered the 'employer' of an injured employee of the subsidiary for the purpose of barring an independent tort action after the employee has collected workmen's compensation from the subsidiary.
An employee was injured in a slip and fall at his place of employment and received workmen's compensation benefits from his employer's wholly owned su…
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PER CURIAM.
This is an appeal by appellants/plaintiffs from an adverse summary final judgment entered in an action for personal injuries sustained by appellant, William Goldberg in a slip and fall accident at the place of his employment.
The action was brought against: (1) Context Industries, Inc., the lessee of the premises; (2) Armer E. White and Harold D. White, tenants in common owners of the premises; (3) Bobby L. Johns, the general contractor for construction at the premises; and (4) Tropical Landscape Co., the landscape contractors for the premises.
All defendants moved for a summary judgment. The motion was granted in favor of Context Industries, Inc. on the ground that appellants’ claims were barred because William Goldberg had accepted workman’s compensation benefits from Context Realty, Inc., a wholly owned subsidiary of Context Industries, Inc. The motion was denied as to the other defendants.
The point on appeal is whether the parent corporation of a wholly owned subsidiary which appears as a joint insured with the subsidiary corporation on a policy of workmen’s compensation insurance is the “employer” of an injured employee of the subsidiary corporation so as to bar an independent tort action against the parent corporation after the employee has collected workman’s compensation from the subsidiary corporation.
The trial court ruled that the action against the parent corporation was barred because workman’s compensation had been collected by appellant Goldberg from the subsidiary corporation, Context Realty, Inc. After a careful examination of the record on appeal, we have concluded that summary judgment was properly entered in favor of appellee, Context Industries, Inc. Accordingly, the final summary judgment appealed from is hereby affirmed.
Affirmed.
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Gulfstream Land & Dev. Corp. v. Wilkerson, 420 So. 2d 587 (Fla. 1982)…McDONALD, Justice. This cause is before the Court on petition to review Wilkerson v. Gulf stream Land & Development Corp., 402 So. 2d 550 (Fla. 4th DCA 1981), which conflicts with Goldberg v. Context Industries, Inc., 362 So. 2d 974 (Fla. 3d DCA 1978), cert. denied, 370 So. 2d 459 (Fla.1979). We have jurisdiction1 and approve the instant decision. The question presented in this case is whether a parent corporation of a wholly owned subsidiary is immunized from third party tort…1 / 2
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Wilkerson v. Gulfstream Land & Dev. Corp., 402 So. 2d 550 (Fla. 4th DCA 1981)…ce policy, appellee moved for summary judgment claiming immunity from an independent tort action. When summary final judgment was entered in favor of appellee, appellant took this appeal. We acknowledge that in Goldberg v. Context Industries, Inc., 362 So. 2d 974 (Fla.3d DCA 1978), cert. denied, 370 So. 2d 459 (Fla.1979), our sister court found that an independent tort action against a parent corporation was barred where the plaintiff employee had collected workmen’s compensation benefits from the parent’s w…
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Perez v. Maule Indus., 411 So. 2d 960 (Fla. 3d DCA 1982)…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 thoug…
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