BETTY PAGAN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM PAGAN, DECEASED, ON BEHALF OF THE ESTATE AND THE SURVIVORS OF WILLIAM PAGAN, APPELLANT,
v.
MATTHEW KASKEL, APPELLEE

Fla. 3d DCA | 1989-09-12
No. 88-1762
Before NESBITT, COPE and GERSTEN, JJ.
548 So. 2d 842 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal of the trial court order dismissing appellant’s second amended complaint against defendant Matthew Kaskel in a wrongful death action. The complaint alleged that Kaskel was a fellow employee of the decedent and that negligent actions or omissions of Kaskel caused the demise of decedent, who was fatally injured during the course of his employment. The trial court dismissed the second amended complaint with leave to amend, but the plaintiff elected to stand on the complaint as written. We entirely agree with the trial judge that the second amended complaint does not allege facts sufficient to show gross negligence within the meaning of section 440.11(1), Florida Statutes (1985) as construed in Streeter v. Sullivan, 509 So. 2d 268 (Fla.1987).1

Affirmed.

. We reject appellees’ alternative contention that the 1988 amendment to section 440.11(1) has application to this 1985 accident. Chapter 88-284, Laws of Florida contains no provision for retroactivity, and absent such, is presumed to operate prospectively. See, e.g., American Motors Corp. v. Abrahantes, 474 So. 2d 271, 274 (Fla. 3d DCA 1985).


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  • Blue Supply Corp. v. Novos Electro Mech., Inc., 990 So. 2d 1157 (Fla. 3d DCA 2008)
    …. [*1161] Because these counts fail to allege sufficient facts entitling Blue Supply to relief on a claim for fraud or fraud in the inducement, and because Blue Supply refused to further amend, the action was properly dismissed. See Pagan v. Kaskel, 548 So. 2d 842, 843 (Fla. 3d DCA 1989) (observing “[t]he trial court dismissed the second amended complaint with leave to amend, but the plaintiff elected to stand on the complaint as written. We entirely agree with the trial judge that the second amended complain…

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