Marco Polo Hotel v. Popielarczyk

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…