Legal Opinion

Jackson v. Marine Terminals, Inc.

District Court of Appeal of Florida

Decided August 10, 1982No. 81-2522PublishedCited by 4 opinions

1Opinion of the Court

NESBITT, Judge.

While employed by Lavino Shipping Company (Lavino), Jackson was seriously injured when he was struck by a tractor being operated by a fellow servant. The tractor was owned by the defendant, Marine Terminals, Inc. (MTI).

After Jackson received benefits pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901— 950 (1979) (LHWCA), he commenced this action against MTI for its common law liability by reason of ownership of the vehicle, a dangerous instrumentality. MTI’s motion for final summary judgment was granted and Jackson brought this appeal.

In…

2Cases cited6 opinions

  1. Wills v. Sears, Roebuck & Co.Supreme Court of Florida · 1977
  2. Michael Guidry v. Continental Oil Company, Travelers Insurance Company, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1981
  3. Obbie Mallard and Daisy Mallard, His Wife v. Aluminum Company of Canada, Ltd., Obbie Mallard, Daisy Mallard, His Wife v. The M/v "Germundo", a Finnish Flag Vessel, Her Engine, Tackle and Appurtenances, Etc. In Rem Rederiaktiebolaget Gustaf Erikson and Consolidated-Bathurst Limited, in Personam, Defendants- Obbie Mallard and Daisy Mallard, His Wife v. The M/v "Germundo," Etc.Court of Appeals for the Fifth Circuit · 1981
  4. Smith v. Ryder Truck Rentals, Inc.Supreme Court of Florida · 1966
  5. Iglesia v. FloranSupreme Court of Florida · 1981

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3Cited by4 opinions

  1. Mann v. PENSACOLA CONCRETE CONST. CO., INC.District Court of Appeal of Florida · 1984
  2. Scott & Jobalia Construction Co. v. Halifax Paving, Inc. ex rel. United States Fidelity & Guaranty Co.District Court of Appeal of Florida · 1989
  3. SCOTT & JOBALIA CONSTRUCTION CO. INC. v. Halifax Paving, Inc.District Court of Appeal of Florida · 1989
  4. Smith v. Thrifty Rent-A-Car System, Inc.District Court of Appeal of Florida · 1992

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