Westberry v. Great Atlantic & Pacific Tea Co.

SWANN, Judge.

Appeal from a final judgment directing a verdict for the defendant, The Great Atlantic & Pacific Tea Co., Inc.

The plaintiff, June I. Westberry, an employee of the defendant, was injured on the defendant’s premises when she slipped and fell on the produce workroom floor while returning from the ladies’ room. Inasmuch as the defendant had previously rejected the Workmen’s Compensation Act, it *614was precluded by Section 440.06, Florida Statutes, F.S.A., from asserting such defenses as contributory negligence, assumption of the risk, or negligence of a fellow servant in the suit…