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PENDERGRASS v. R.D. MICHAELS, INC.

No. 4D05-1598.

936 So.2d 684 (2006)

Damien PENDERGRASS, as Personal Representative of the Estate of Arthur Pendergrass, Jr., a deceased adult single man, for and on behalf of lawful claimants: The Estate of Arthur Pendergrass, Jr., Damien Pendergrass, Artis Pendergrass, Dedrick Pendergrass and Taris Pendergrass, individually, Appellants, v. R.D. MICHAELS, INC., a Florida corporation, Oceanview Construction Corp., a Florida corporation, and Staff Leasing, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 22, 2006.

Attorney(s) appearing for the Case

Jeanne C. Brady and Frank R. Brady of Brady & Brady, P.A., and Arvid J. Peterson, III of Law Offices of Arvid J. Peterson, III, P.A., Boca Raton, for appellants.

Michele I. Nelson of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., West Palm Beach, for appellee R.D. Michaels, Inc.

J. Daniel Ennis and John J. Cavo of Lane, Reese, Aulick, Summers & Ennis, P.A., Coral Gables, for appellees Oceanview Construction Corp. and Staff Leasing, Inc.

WARNER, J.

The personal representative of the Estate of Arthur Pendergrass appeals a final summary judgment determining that the defendant-employers are entitled to workers' compensation immunity for a job accident which killed Pendergrass. Because the evidence does not show that the employer deliberately intended to injure Pendergrass or engaged in conduct substantially certain to cause injury or death, we affirm.

Appellee, R.D. Michaels, Inc., as general...

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