Baker v. Airguide Manufacturing, LLC
151 So. 3d 38
| Fla. Dist. Ct. App. | 2014Background
- Baker was employed by Pacesetter, a help supply/temp agency, and was placed with Airguide in July 2008.
- Injury occurred July 28, 2010, when a machine at Airguide injured her right index finger; she was treated and later required rehabilitation.
- Baker filed a workers’ compensation claim with Pacesetter and was reimbursed according to statutory amounts.
- Baker sued Airguide for negligence on July 24, 2012; Airguide moved for summary judgment, asserting immunity under borrowed servant doctrine or 440.11(2).
- Baker testified in deposition that Airguide controlled her daily work; she later submitted affidavits contradicting that testimony four months later, attempting to create a factual dispute.
- The trial court denied error in considering the contradictory affidavit/errata for summary judgment and granted immunity, which the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Borrowed servant immunity viability | Baker contends Airguide lacked sufficient control to be the borrowed servant. | Airguide maintained that it controlled Baker’s daily work tasks and the trial court correctly weighed the evidence. | Borrowed servant issue not dispositive; immunity still established under 440.11(2). |
| Statutory immunity under 440.11(2) as a help supply services company | Baker argues Airguide is not a help supply services company under 440.11(2). | Airguide is a help supply services company by leasing workers and providing limited direct supervision. | Airguide entitled to immunity under 440.11(2); statutory remedy applies. |
Key Cases Cited
- Cabrera v. T.J. Pavement Corp., 2 So. 3d 996 (Fla. 3d DCA 2008) (workers’ comp immunity as an extension of statutory scheme)
- Hazealeferiou v. Labor Ready, 947 So. 2d 599 (Fla. 1st DCA 2007) (borrowed servant and help supply framework for immunity)
- Suarez v. Transmontaigne Servs., Inc., 127 So. 3d 845 (Fla. 4th DCA 2013) (three-prong test for borrowed servant immunity)
- Fossett v. Se. Toyota Distribs., LLC, 60 So. 3d 1155 (Fla. 1st DCA 2011) (definition and application of special employer immunity)
- Tu-Lane Invs., Inc. v. Orr, 889 So. 2d 961 (Fla. 1st DCA 2004) (help supply/employee leasing context for immunity)
- Caramico v. Artcraft Indus., Inc., 727 So. 2d 348 (Fla. 5th DCA 1999) (definition of help supply services company)