Suarez v. Transmontaigne Services, Inc.

Aristides Suarez, the plaintiff below, appeals a final summary judgment for Tran-smontaigne Services, Inc. (“TSI”). The trial court found TSI immune from appellant’s negligence claim under the Florida worker’s compensation act because appellant was acting as TSI’s “borrowed servant.” Because there are material issues of fact as to the relationship of appellant to TSI, we reverse.

Appellant was employed by Gonzalez & Sons Equipment, Inc., a Miami-based contracting company that provides workers for Port Everglades. Appellant was injured while working at Port Everglades. According to appellant, a…