Intentional Tort Exception To Workers' Compensation Immunity

20 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Connelly v. Arrow AIR, Inc.
  568 So. 2d 448· Fla. 3d DCA· 1990-07-03 ·cited 70×
  A widow brought a wrongful death action against an airline employer, alleging that the employer's conduct in operating a defective and overloaded aircraft was an intentional tort that pierces workers' compensation immunity. The court reversed summary judgment, holding that substa
• Bakerman v. THE Bombay Co., Inc.
  961 So. 2d 259· Fla.· 2007-06-21 ·cited 39×
  The Florida Supreme Court clarified that concealment of danger is not a required element of the intentional tort exception to workers' compensation immunity. The Court quashed the Third District's decision that had reversed a jury verdict against Bombay Company by incorrectly add
• Jones v. Martin Elecs., Inc.
  932 So. 2d 1100· Fla.· 2006-06-15 ·cited 26×
  The Florida Supreme Court held that an employee who receives workers' compensation benefits for a workplace injury but does not pursue the compensation claim to conclusion on the merits is not estopped from filing a separate civil tort action against the employer if the employer'
• Fcci Ins. Co. v. Horne
  890 So. 2d 1141· Fla. 5th DCA· 2004-12-10 ·cited 20×
  FCCI Insurance Company appealed a summary judgment requiring it to defend and indemnify its insured employer under a liability policy covering bodily injury by "accident" despite allegations that the employer engaged in conduct substantially certain to result in death. The court
• Damien Pendergrass v. R.D. Michaels, Inc.
  936 So. 2d 684· Fla. 4th DCA· 2006-08-02 ·cited 16×
  The personal representative of an employee killed in a construction site wall collapse appeals a summary judgment granting workers' compensation immunity to the employer defendants. The court affirms, holding that the defendants are entitled to immunity because neither the crimin
• Allstates Fireproofing, Inc. v. Garcia
  876 So. 2d 1222· Fla. 4th DCA· 2004-06-09 ·cited 16×
  Allstates Fireproofing appeals the denial of its motion for summary judgment based on workers' compensation immunity after a scaffold accident killed an employee. The court reverses, holding that the employer's conduct—providing safety training and warnings—does not constitute an
• Gustafson's Dairy, Inc. v. Phiel
  681 So. 2d 786· Fla. 1st DCA· 1996-09-30 ·cited 14×
  Gustafson's Dairy appeals the denial of its motion for summary judgment asserting workers' compensation immunity under Florida law. The court holds that Gustafson's is entitled to immunity as a matter of law because the employer's conduct, though negligent, did not constitute an
• Cabrera v. T.J. Pavement Corp.
  2 So. 3d 996· Fla. 3d DCA· 2008-11-19 ·cited 10×
  The estate of a worker killed in a trench collapse appealed a summary judgment grant of workers' compensation immunity to his employer. The court reversed, holding that genuine issues of material fact existed regarding whether the employer's conduct was substantially certain to r
• Winn Dixie Stores, Inc. v. Parks
  620 So. 2d 798· Fla. 4th DCA· 1993-06-23 ·cited 9×
  The Florida District Court of Appeal reversed a lower court's denial of summary judgment for Winn Dixie, holding that the employer was immune from a wrongful death lawsuit due to workers' compensation exclusivity. The court found the employee's death, caused by a former co-worker
• Tinoco v. Resol, Inc.
  783 So. 2d 309· Fla. 3d DCA· 2001-04-04 ·cited 8×
  Carlos Tinoco, an assistant pipe fitter, sued his employer Resol, Inc. for a work-related foot injury caused by a defective excavator, claiming an intentional tort exception to workers' compensation immunity. The court affirmed summary judgment for the employer, holding that the
• Fred G. Wright, Inc. v. Edwards
  642 So. 2d 808· Fla. 2d DCA· 1994-09-16 ·cited 6×
  A general contractor is immune from suit for employee injuries if a subcontractor provides workers' compensation coverage, unless the employee can prove an intentional tort.
• Casas v. Siemens Energy & Automation, Inc.
  927 So. 2d 922· Fla. 3d DCA· 2006-02-22 ·cited 5×
  Rodolfo Casas, injured when his arm was crushed by a punch press at Siemens, appealed a summary judgment dismissing his intentional tort claim against his employer under the worker's compensation immunity exception. The Florida appellate court affirmed, holding that Casas failed
• Ramsey v. Dewitt Excavating, Inc.
  248 So. 3d 1270· Fla. 5th DCA· 2018-06-15 ·cited 4×
  The personal representatives of a deceased employee's estate sued the employer and a co-employee for wrongful death, alleging they operated a cement-mixing pug mill while the employee was inside. The trial court granted summary judgment for both defendants based on workers' compe
• Saleeby v. Rocky Elson Constr., Inc.
  965 So. 2d 211· Fla. 4th DCA· 2007-09-05 ·cited 4×
  Albert Saleeby, a temporary laborer supplied by Labor for Hire to Rocky Elson Construction, was injured when trusses collapsed at a construction site. The court affirmed that Saleeby was a 'borrowed employee' under Florida's Workers' Compensation Act and therefore barred from sui
• Amie Hunt v. Corr. Corp. OF Am.
  38 So. 3d 173· Fla. 1st DCA· 2010-05-14 ·cited 2×
  Nurses employed by Corrections Corporation of America (CCA) at a jail sought damages after inmates escaped and held them hostage, with one nurse shot by police during recapture. The court affirmed summary judgment for CCA, holding that neither the intentional tort exception nor t
• C.W. Roberts Contracting, Inc. v. Cuchens
  10 So. 3d 667· Fla. 1st DCA· 2009-04-20 ·cited 2×
  The court held that the defendant, as the statutory employer, was immune from a wrongful death suit because the plaintiff's decedent was an employee covered by workers' compensation and the complaint did not sufficiently allege an intentional tort.
• Casas v. Siemens Energy & Automation, Inc.
  1 So. 3d 294· Fla. 3d DCA· 2009-01-14 ·cited 2×
  In this remanded workers' compensation case, a punch press operator claimed intentional tort exception to immunity after his arm was crushed when the machine cycled while he was clearing a jam. The appellate court reversed summary judgment for the employer, finding disputed mater
• Mirta Moradiellos v. Cmty. Asphalt Corp., Inc.
  170 So. 3d 920· Fla. 3d DCA· 2015-07-29
  The court held that the trial court properly granted summary judgment for the employer because the estate failed to present sufficient evidence to overcome workers' compensation immunity under the intentional tort exception.
• Mirta Moradiellos v. Cmty. Asphalt Corp., Inc.
  183 So. 3d 1095· Fla. 3d DCA· 2015-06-03
  The court held that the estate failed to present sufficient evidence to overcome the employer's workers' compensation immunity under the intentional tort exception.
• Protegrity Servs., Inc. v. Vaccaro
  909 So. 2d 445· Fla. 4th DCA· 2005-08-24
  The court held that the circuit court properly denied the employer/carrier's motion to dismiss because the employee's allegations of intentional tort fell outside the scope of workers' compensation immunity.