Substantial Certainty Of Injury

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

• Lawton v. Alpine Engineered Prods., Inc.
  498 So. 2d 879· Fla.· 1986-11-26 ·cited 99×
  An employer does not commit an intentional tort by instructing an employee to operate dangerous machinery without warning about known hazards unless the employer exhibits deliberate intent to injure or engages in conduct substantially certain to result in injury or death, and wor
• Cunningham v. Anchor Hocking Corp.
  558 So. 2d 93· Fla. 1st DCA· 1990-03-01 ·cited 79×
  Workers exposed to toxic substances at a glass manufacturing plant sued their employer for intentional torts, fraud, strict liability, and public nuisance. The court held that allegations of intentional battery and fraud stated causes of action outside workers' compensation exclu
• Travelers Indem. Co. v. PCR Inc.
  889 So. 2d 779· Fla.· 2004-12-09 ·cited 46×
  This case concerns whether an employer's liability insurance policy covering work-related accidental injuries must provide coverage for tort claims brought under Florida's intentional-tort exception to workers' compensation exclusivity, specifically claims satisfying the objectiv
• Marysol Sierra v. Associated Marine Insts., Inc.
  850 So. 2d 582· Fla. 2d DCA· 2003-06-18 ·cited 43×
  Widow of Michael Sierra, a counselor at a juvenile detention boot camp, sued for wrongful death after two inmates murdered him. The court reversed dismissal of her suit, holding that she stated sufficient facts to overcome workers' compensation immunity and that sovereign immunit
• Emergency ONE, Inc. v. Keffer
  652 So. 2d 1233· Fla. 1st DCA· 1995-04-06 ·cited 36×
  The court held that the plaintiffs' allegations did not demonstrate the level of culpability required to overcome the defendants' entitlement to workers' compensation immunity.
• Pacheco v. Fla. Power & Light Co.
  784 So. 2d 1159· Fla. 3d DCA· 2001-03-14 ·cited 26×
  A worker was electrocuted when a metal measuring tape came into contact with a Florida Power & Light (FPL) high-voltage line during construction. The court reversed summary judgment against FPL, finding jury questions on negligence, but affirmed summary judgment for the employer
• 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
• Bourassa v. Busch Ent. Corp.
  929 So. 2d 552· Fla. 2d DCA· 2006-04-07 ·cited 12×
  Amanda Bourassa lost her arm when a lion she was feeding during a blood draw procedure grabbed her hand and pulled it into its cage. The court affirmed summary judgment for Busch Gardens, holding that Bourassa's intentional tort exception to workers' compensation immunity did not
• 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
• State v. V.E. Whitehurst & Sons, Inc.
  636 So. 2d 101· Fla. 1st DCA· 1994-04-07 ·cited 9×
  The State of Florida Department of Transportation (FDOT) appealed the dismissal of its third-party complaint against Whitehurst seeking indemnification and contribution for injuries to Whitehurst's employee caused by FDOT's negligence. The court reversed the dismissal of the inde
• McCLANAHAN v. State
  854 So. 2d 793· Fla. 2d DCA· 2003-09-05 ·cited 6×
  Current and former employees of a Florida Department of Juvenile Justice facility sued for respiratory injuries and wrongful death caused by poor air quality in their workplace. The court affirmed summary judgment for the state agencies based on workers' compensation immunity, ho
• Wilks v. Boston Whaler, Inc.
  691 So. 2d 629· Fla. 5th DCA· 1997-04-18 ·cited 6×
  An employee of Boston Whaler injured by respiratory illness from chemical exposure sued his employer in tort despite having accepted workers' compensation benefits. The court affirmed summary judgment for the employer, holding that the employer's conduct—while potentially neglige
• J.B. Coxwell Contracting, Inc. v. Shafer
  663 So. 2d 659· Fla. 5th DCA· 1995-10-20 ·cited 6×
  An employee injured in a trench collapse sued his employer for intentional tort, claiming the employer violated OSHA guidelines by failing to slope the trench and provide a trench shield. The appellate court reversed the trial court's denial of summary judgment, holding that an e
• Pinnacle Constr., Inc. v. Alderman
  639 So. 2d 1061· Fla. 3d DCA· 1994-07-12 ·cited 6×
  The court held that a general contractor's failure to inspect a subcontractor's non-compliant scaffolding, which led to an employee's injury, does not rise to the level of an intentional tort required to overcome workers' compensation immunity.
• Dynaplast, Inc. v. Siria
  637 So. 2d 13· Fla. 3d DCA· 1994-05-10 ·cited 6×
  The trial court erred in denying the employer's motion for summary judgment because the employee's complaint did not allege conduct rising to the level of 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
• Patrick v. Palm Beach Cnty. Sch. Bd.
  927 So. 2d 973· Fla. 4th DCA· 2006-03-29 ·cited 4×
  A teacher sued her school board employer after being injured by a student with a documented history of violence. The trial court granted summary judgment based on worker's compensation immunity, but the appellate court reversed, finding that genuine issues of material fact existe
• Holderbaum v. Itco Holding Co., Inc.
  753 So. 2d 699· Fla. 3d DCA· 2000-03-15 ·cited 4×
  Survivors of an employee murdered by a coworker at the workplace appeal a summary judgment upholding the employer's workers' compensation immunity. The court affirmed immunity, holding that the employer's alleged negligence in failing to remove a threatening employee or warn the
• Myrick v. Luhrs Corp.
  689 So. 2d 416· Fla. 5th DCA· 1997-03-10 ·cited 4×
  Myrick appealed a dismissal of his intentional tort complaint arising from a workplace amputation injury caused by his employer's removal of safety devices from a cutting saw. The court reversed, holding that the allegations sufficiently stated a cause of action for intentional t
• Berman Bros., Inc. v. Osborne J. Hart
  915 So. 2d 689· Fla. 1st DCA· 2005-11-07 ·cited 3×
  Berman Brothers appeals a jury verdict in favor of Osborne Hart, challenging the jury instructions and the sufficiency of evidence to overcome workers' compensation immunity. The appellate court affirms, finding the jury instructions proper and the evidence sufficient under Flori
• Randi Borrack v. Charles D. Reed, M.D.
  53 So. 3d 1253· Fla. 4th DCA· 2011-02-23 ·cited 2×
  A woman alleged that her boyfriend negligently played a prank causing her to jump from a cliff and sustain severe injuries. The circuit court dismissed the case, but the appellate court reversed, holding that the defendant's alleged conduct in tricking the plaintiff into climbing
• 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
• Dane R. Boza, II v. Carter
  993 So. 2d 561· Fla. 1st DCA· 2008-10-17 ·cited 2×
  The court held that the nonparty's conduct was not an intentional tort as a matter of law, and the driver had no duty to control the passenger's conduct. The denial of the motion for additur was not an abuse of discretion.
• Barnett v. Bank OF Am. Corp.
  45 So. 3d 948· Fla. 3d DCA· 2010-10-13
  Bank of America sought workers' compensation immunity for injuries sustained by its employee manager Marlene Barnett due to exposure to dust, fumes, and toxic particles from a deficient firewall separating her temporary work space from an active construction area. The court rever
• Splaine v. City OF W. Palm Beach
  768 So. 2d 1183· Fla. 4th DCA· 2000-09-20
  Appellants Joseph and Robin Splaine appealed summary judgment dismissing their negligence claims against Tower Systems South, Inc. following a tower collapse that injured workers. The Fourth DCA reversed summary judgment as to Tower Systems, holding that genuine issues of materia
• Stapleton v. Ashland OIL, Inc.
  774 F.2d 622· 4th Cir.· 1985-10-03
  The court held that the employee's injuries did not result from the employer's deliberate intention, thus the exclusive remedy provision of the workers' compensation statute applied.