Friday, January 10, 2003
Humana Worker's Compensation Services v. Home Emergency Services

No.02-1206

Dade County


Alberto Milian was injured when he fell from a collapsing ladder while working for Home Emergency Services. Later, the ladder disappeared, and Milian and his wife sued his employer for allegedly losing the evidence they intended to use in a lawsuit against the ladder's manufacturer and distributor. Home Emergency Services' workers compensation insurer, Humana, argued that it had no liability for this particular type of claim. The trial court agreed, and the Third District reversed.