Rob Blank and Jessica Tetrick Win Final Summary Judgment on Behalf of Coca-Cola Refreshments USA, Inc.

12.09.15

Rumberger Kirk & Caldwell attorneys Rob Blank and Jessica Tetrick represented Defendant Coca-Cola Refreshments USA, Inc. in a premises lawsuit in the Tampa Division of the United States District Court, Middle District of Florida. Plaintiff alleged that on March 31, 2011, he was injured while working as a temporary employee of an independent subcontractor, Intelligrated Systems, LLC, at Coca-Cola Refreshments USA, Inc.’s Auburndale bottling facility. Plaintiff alleges Coca-Cola Refreshments USA, Inc. was negligent in failing to keep its premises in a reasonably safe condition and failing to warn of perils unknown to Plaintiff that could have been discovered by Coca-Cola Refreshments USA, Inc. through the exercise of reasonable care.

Blank and Tetrick filed a Motion for Final Summary Judgment arguing Coca-Cola Refreshments USA, Inc. was entitled to judgment as a matter of law based, in part, on workers’ compensation immunity. Specifically, Blank and Tetrick argued that Coca-Cola Refreshments USA, Inc. was Plaintiff’s “statutory employer” pursuant to the workers’ compensation scheme, Plaintiff previously received workers’ compensation benefits through his employer for the subject accident, and therefore, Coca-Cola Refreshments USA, Inc. was immune from suit. Middle District of Florida District Court Judge Covington agreed, granting the Motion for Final Summary Judgment on November 20, 2015 and entering Final Judgment in favor of Coca-Cola Refreshments USA, Inc. on November 23, 2015. Coca-Cola Refreshments USA, Inc.’s Motion for Attorneys’ Fees and Costs pursuant to a previously served proposal for settlement and Motion to Tax Costs are pending.