127 So. 2d 129 | Fla. Dist. Ct. App. | 1961
James R. Floyd sued Flash Welding Company and Lester Hassell for damages for personal injuries. The facts alleged which are material here were that Floyd was employed as a porter at a convalescent home onto which his employer undertook to build an addition; that the defendant Flash Welding Company was engaged to do certain welding thereon; that the defendant Hassell was the employee of Flash Welding Company; that while the plaintiff, at the direction of his employer, was assisting Hassell in such work, he was injured as a proximate result of the negligence of Has-sell. On the defendants’ motions to dismiss, the court denied Hassell’s motion (see Frantz v. McBee Co., Fla.1955, 77 So.2d 796), but dismissed Flash Welding Company, and the plaintiff appealed.
We hold, on authority of the case of Cromer v. Thomas, Fla.App.1960, 124 So.2d
Reversed.