American Mutual Liability Insurance v. City of West Palm Beach

ANDREWS, Judge.

The plaintiff, American Mutual Liability Insurance Co., appeals a final judgment entered for the defendant, City of West Palm Beach, pursuant to an order granting defendant’s motion to dismiss the second amended complaint.

Plaintiff brought this action in his sub-rogated capacity as workmen’s compensation insurance carrier under F.S.A. § 440.39(4) to recover damages for personal injuries sustained by Ivy Messer as the result of the city’s negligence. The suit was instituted by the carrier on July 26, 1963, one day prior to the expiration of a year after the occurrence of the…