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Summary Judgment Based on § 440.10(1)(e), Fla. Stat., Affirmed

Sharon Degnan, of our Orlando office, obtained an affirmance of a Motion for Summary Judgment in Camacho v. Wert & Rubber Applications, Inc., Case No. 2D18-3583 (Fla. 2d DCA 2020), which has been pending for nine years with one trial and two appeals. As background, the defense asserted the workers compensation immunity defense at trial, but ultimately, the trial resulted in a jury verdict of $1,870,484.40 for Plaintiff and $432,043.20 for Plaintiff’s spouse. Sharon handled the initial appeal and the case was reversed and remanded for “further proceedings on the [Plaintiffs’] complaint for negligence and vicarious liability in which [Defendants] may assert their defense of horizontal immunity under § 440.10(1)(e).” Based upon this language, Sharon filed a motion for summary judgment, and successfully argued it before a new judge who did not preside over the original trial. Plaintiffs appealed, but the appellate court agreed that the defense was entitled to summary judgment. To top it all off, proposals for settlements were filed as to both Plaintiffs in July 2013, so the Fee Judgment, if pursued, should be substantial.

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