IVAN R. BRACIC AND EDITH BRACIC, HIS WIFE, APPELLANTS,
v.
JAMES HALL, APPELLEE
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The court reversed summary judgment for a coworker who claimed fellow-employee immunity under Florida law, holding that conflicting evidence about whether horseplay was sanctioned by the employer precluded immunity as a matter of law.
A coworker is not entitled to fellow-employee immunity under section 440.11(1) when evidence conflicts as to whether the injurious conduct was acting in furtherance of the employer's business.
[1] Fellow-employee immunity under section 440.11(1) requires that the employee be acting in furtherance of the employer's business; conflicting evidence about whether horsep…
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Join FLexlaw to unlock all legal intelligence“The same immunities from liability enjoyed by an employer shall extend as well to each employee of the employer when such employee is acting in furtherance of the employer's business and the injured employee is entitled to receive benefits under this chapter.”
Statement of section 440.11(1), Florida Statutes (1985), establishing the fellow-employee immunity doctrine.
Ivan Bracic was injured when coworker James Hall tossed a firecracker into a bathroom stall Bracic was occupying. Bracic received worker's compensatio…
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PATTERSON, Judge.
Ivan R. Bracic was injured while at work when a coworker tossed a small firecracker into the bathroom stall he was occupying. After receiving worker’s compensation benefits, Bracic sued the coworker, Hall, asserting negligence. Hall claimed fellow-employee immunity under section 440.11(1), Florida Statutes (1985).
Section 440.11(1) in pertinent part provides:
The same immunities from liability enjoyed by an employer shall extend as well to each employee of the employer when such employee is acting in furtherance of the employer’s business and the injured employee is entitled to receive benefits under this chapter. The record contains conflicting evidence as to whether the playful use of these firecrackers was sanctioned by the employer as a morale booster among the employees. It includes a memorandum to Hall from his supervisor condemning his conduct and stating, “neither I nor AMP, Incorporated will tolerate horseplay of any kind during working hours.” This memorandum, in and of itself, raises the question whether Hall “was acting in furtherance of the employer’s business” at the time of this incident. The granting of summary judgment in Hall’s favor was therefore error. Holl v. Talcott, 191 So. 2d 40 (Fla.1966).
Reversed and remanded.
HALL, A.C.J., and FRANK, J., concur.
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Yokel v. State, 567 So. 2d 54 (Fla. 2d DCA 1990)…ollowed by five and one-half years’ probation. This sentence constitutes a departure from the guidelines under the prior case law of the Florida Supreme Court and that of this court. See State v. VanKooten, 522 So. 2d 830 (Fla.1988); White v. State, 564 So. 2d 290 (Fla.2d DCA 1990). The convictions are affirmed, but the sentence is vacated and the case is remanded to resentence Yokel to either community control or incarceration within the guidelines. Affirmed in part and remanded with instructions. HALL…
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Rodriguez v. Castro, 678 So. 2d 16 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. Bracic v. Hall, 564 So. 2d 290 (Fla. 2d DCA 1990); § 440.11(1), Fla. Stat. (1993).…
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