VELEZ v. OXFORD DEVELOPMENT CO.

No. 84-687.

457 So.2d 1388 (1984)

Pedro VELEZ and Mercedes Velez, His Wife, Appellants, v. OXFORD DEVELOPMENT CO., D/B/a Turnberry Isle Country Club and Liberty Mutual Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

October 30, 1984.


Attorney(s) appearing for the Case

Klein, Oshinsky & Solomon and Michael Solomon, Hallandale, for appellants.

Daniel & Hicks and Patrice A. Talisman; Richard E. Hardwick, Miami, for appellees.

Before BARKDULL, HUBBART and FERGUSON, JJ.


FERGUSON, Judge.

Plaintiff-employee appeals an order entered in a personal injury action granting defendant-employer's motion for summary judgment on a finding that the plaintiff knowingly accepted workers' compensation benefits. In defense of the judgment, the employer presents two theories: (1) the plaintiff is barred from instituting a tort action by the doctrine of election of remedies, and (2) the plaintiff waived the right or is estopped to bring a tort action...

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