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Affirmance of Summary Judgment for Defendant in Workers' Compensation Immunity Case - Sharon Degnan

Sharon C. Degnan | February 25, 2014

Sharon Degnan, of the Ft. Lauderdale office, once again successfully defended against a plaintiff's appeal in a workers' compensation immunity case. In Herrera v. List Indus., Inc., 123 So. 3d 665 (Fla. 4th DCA 2013), the plaintiff sued his employer after his right hand was crushed by a power press at work. Summary judgment was entered in favor of the defendant employer on the basis of workers' compensation immunity. On appeal, plaintiff argued that the intentional tort exception to the immunity applied and that the summary judgment should be reversed. Sharon persuasively and successfully countered that the summary judgment was entirely proper, and must be affirmed, as the record evidence was simply insufficient to overcome workers' compensation immunity under the intentional tort exception, as plaintiff's evidence failed to satisfy the stringent test laid out in §440.11, Fla. Stat. The appellate court agreed and affirmed per curiam.

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