D.L. Cullifer & Son, Inc. v. Martinez

EHRLICH, Judge.

We have for review Martinez v. D.L. Cullifer & Son, Inc., 556 So.2d 796 (Fla. 1st DCA 1990), because of conflict with this Court’s decision in Murphy v. Peninsular Life Insurance Co., 299 So.2d 3 (Fla.1974). Art. V, § 3(b)(3), Fla. Const. We approve the decision below.

The respondents, Pablo Martinez and Mario Navarro, who were employed by the petitioner, D.L. Cullifer & Son, Inc., as fruit pickers, went to a grove one evening to retrieve an empty fruit tub that had been left behind the previous day. Unable *1361to locate the tub, the men returned to the highway where they had…