J.B. Ivey & Co. v. Merch., 502 So. 2d 93 (Fla. 5th DCA 1987). · Go Syfert
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J.B. Ivey & Co. v. Merch., 502 So. 2d 93 (Fla. 5th DCA 1987). Cases Citing This Book View Copy Cite
4 citation events across 3 distinct courts.
Strongest positive: Clarendon National Insurance v. Barrett (In Re Barrett) (txnb, 1993-06-21)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Clarendon National Insurance v. Barrett (In Re Barrett)
Bankr. N.D. Tex. · 1993 · confidence medium
Copeland Insurance Agency, Inc. v. Home Insurance Co., 502 So.2d 93, 94 (Fla. 5th D.C.A.1987).
cited Cited as authority (rule) Central Ins. Underwriters, Inc. v. National Ins. Finance Co.
Fla. Dist. Ct. App. · 1992 · confidence medium
Co., 502 So.2d 93, 95 (Fla. 5th DCA 1987).
Retrieving the full opinion text from the archive…
J.B. IVEY AND COMPANY
v.
John MERCHANT
No. 86-520.
District Court of Appeal of Florida, Fifth District.
Feb 12, 1987.
502 So. 2d 93
Jeffrey G. Slater of Pitts, Eubanks, Hannah, Hilyard & Marsee, P.A., Orlando, for appellant., L. Edward McClellan, Jr., of McClellan, Vostrejs & Batsel, P.A., Ocala, and Wooten, Honeywell, Kest & Martinez, Orlando, for appellee.
Dauksch, Sharp, Upchurch.
Cited by 1 opinion  |  Published
DAUKSCH, Judge.

This is an appeal from a judgment in a personal injury suit. Appellant owns Ivey’s Department Stores.

Appellee was an employee of Olsten Temporary Services and was sent to Ivey’s to do some labor on a temporary basis. He was injured on the job when a shelf he stepped upon collapsed. He sued Ivey’s and the defense was a workers compensation bar. The trial court rejected that defense. We reverse.

This case is controlled by Booher v. Pepperidge Farm, Inc., 468 So.2d 985 (Fla.1985) which affirmed the fourth district court’s ruling that:

... [wjhere a general employer in the business of providing temporary help provides compensation coverage to an employee while he is on assignment working for another employer then that employee is barred from suing his special employer for on-the-job injuries.

We are bound by that supreme court case and cannot agree with appellee that the facts here are distinguishable.

REVERSED.

UPCHURCH, C.J., and SHARP, J., concur.