776 So. 2d 505 - Jones v. Compression Coat Corp.’s Empirical Analysis

Citation profile

1 district · 2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Borrowed servants/co-employees of the same employer are "persons in the same employ" for purposes of the LHWCA. Perron v. Bell Maintenance & Fabricators, Inc., 970 F.2d 1409 (5th Cir.1992), cert. denied, 507 U.S. 913 , 113 S.Ct. 1264 , 122 L.Ed.2d 660 (1993). Under 33 U.S.C.A. § 933 (i), payment under the LHWCA is the injured co-employee's exclusive remedy. Id. Further, the prohibition against suits between co-employees under the LHWCA is not merely a personal defense but may be claimed by the negligent co-employee's solidary obligors. Id. A vicariously liable nominal employer and its negligent nominal employee who was a borrowed servant/co-employee to the injured party are solidary obligors. Id. Consequently, the injured employee may not assert against the nominal employer of his injuring co-employee his right to sue in tort because that right is nonexistent against the injuring co-employee. Id.”

   1 later decision quote this exact passage
   e.g. 892 So. 2d 21 - Wells v. Traynor