622 So. 2d 104

MARCO POLO HOTEL, Appellant, v. James POPIELARCZYK, Appellee.

No. 93-434.

District Court of Appeal of Florida, Third District.

July 27, 1993.

Rubin & Wolin, Hicks, Anderson & Blum and Bambi G. Blum, Miami, for appellant.

Stephen N. Rosenthal, Miami, for appel-lee.

Before NESBITT, FERGUSON and GODERICH, JJ.

PER CURIAM.

An affidavit of the injured employee of the subcontractor which averred “[tjhat to [his] knowledge” he was not a statutory employee of the contractor, was not sufficient competent evidence to counter the affidavits of the parties to the service contract. Thompson v. Citizens Nat’l Bank, 433 So.2d 32 (Fla. 5th DCA 1983); Campbell v. Salman, 384 So.2d 1331 (Fla. 3d DCA 1980); Fla.R.Civ.P. 1.510(e). Further, unambiguous language in the contract itself showed conclusively that the appellee was the statutory employee of the contractor. Tampa Port Auth. v. Tampa Barge Servs., Inc., 463 So.2d 557 (Fla. 2d DCA 1985). The contractor, as the statutory employer of an injured worker who was covered by workers’ compensation insurance, was entitled to a summary judgment on its immunity defense. Section 440.11(1), Fla.Stat. (1991); Motchkavitz v. L. C. Boggs Indus., Inc., 407 So.2d 910, 913 (Fla.1981) (a contractor is immune from suit by an employee of a subcontractor).1

Reversed and remanded for further consistent proceedings.

Marco Polo Hotel v. Popielarczyk
622 So. 2d 104

Case Details

Name
Marco Polo Hotel v. Popielarczyk
Decision Date
Jul 27, 1993
Citations

622 So. 2d 104

Jurisdiction
Florida

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