THE CITY OF MIAMI, APPELLANT,
v.
MIGUEL GUTIERREZ, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SUSANA GUTIERREZ, APPELLEE

Fla. 3d DCA | 2008-03-12
No. 3D07-1892
Before COPE, GREEN, and RAMIREZ, JJ.
979 So. 2d 1028 Florida District Court of Appeal, Third District (2008)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The City of Miami appeals an order denying its motion for summary judgment based on worker’s compensation immunity. We affirm the order because the undisputed record evidence supports the trial court’s finding that the employee was engaged in a recreational activity, unrelated to the work she was hired to perform. § 440.092(1), Fla. Stat. (2003); Whitehead v. Orange County Sheriffs Dept., 909 So. 2d 344 (Fla. 1st DCA 2005); Madden v. Walt Disney World Co., 711 So. 2d 150 (Fla. 1st DCA 1998).

Affirmed.


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