JEAN E. MCCOY AND KEVIN A. MCCOY, HER HUSBAND, APPELLANTS,
v.
STEIN MART, INC., A FLORIDA CORPORATION, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed summary judgment for Stein Mart and two of its officers but reversed as to employee Davis, holding that fellow-employee immunity under Florida Statute § 440.11(1) does not apply when an employee acts with willful and wanton disregard or unprovoked physical aggression toward a coworker.
Fellow-employee immunity under § 440.11(1), Fla. Stat., does not shield an employee from liability when the employee acts with willful and wanton disregard, unprovoked physical aggression, or gross negligence toward a fellow employee.
[1] An employee does not qualify for fellow-employee immunity under § 440.11(1), Fla. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJean and Kevin McCoy sued Stein Mart, Inc., and several individuals including employee Carl Davis, alleging tortious conduct. The trial court granted …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Furtherance Of Employer'S Business cases and more on FLexlaw
PER CURIAM.
This appeal arises from an order of the trial court granting summary judgment in favor of appellees and defendants below, Stein Mart, Inc., Carl Davis, David Kimmel and Jay Stein. We affirm the trial court’s order as to Stein Mart, Inc., Kimmel and Stein. Eller v. Shova, 630 So. 2d 537 (Fla.1993); Fisher v. Shenandoah Gen. Constr. Co., 498 So. 2d 882 (Fla.1986); Dynaplast, Inc. v. Siria, 637 So. 2d 13 (Fla. 3d DCA 1994); General Motors Acceptance Corp. v. David, 632 So. 2d 123 (Fla. 1st DCA 1994), rev. dismissed, 639 So. 2d 976 (Fla.1994); Timones v. Excel Industries of Fla., 631 So. 2d 331 (Fla. 1st DCA 1994). We also affirm the trial court’s order granting attorney fees and costs based on section 768.79, Florida Statutes, as to these defendants.
We reverse, however, the trial court’s order granting summary judgment as to appel-lee Davis. Section 440.11(1), Florida Statutes, only allows an employee to benefit from his employer’s immunity when the employee is acting in furtherance of the employer’s business. Further, under this section, fellow-employee immunity shall not be applicable to an employee who acts, with respect to a fellow employee, with willful and wanton disregard, unprovoked physical aggression or with gross negligence when such acts result in injury or death. § 440.11(1), Fla.Stat. Here, the pleadings, depositions and affida vits indicate questions of fact as to whether Davis’s alleged tortious conduct was in furtherance of his employer’s business or was an act of unprovoked physical aggression, etc. Accordingly, we REVERSE and REMAND.
JOANOS, MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fisher v. Shenandoah Gen. Constr. Co., 498 So. 2d 882 (Fla. 1986)
- Eller v. Shova, 630 So. 2d 537 (Fla. 1993)
- Gen. Motors Acceptance Corp. v. David, 632 So. 2d 123 (Fla. 1st DCA 1994)
- Pio Timones v. Excel Indus. OF Fla., 631 So. 2d 331 (Fla. 1st DCA 1994)
- Dynaplast, Inc. v. Siria, 637 So. 2d 13 (Fla. 3d DCA 1994)