FISHER v. SHENANDOAH GEN. CONST. CO.

No. 84-2142.

472 So.2d 871 (1985)

John E. FISHER and Lily May Fisher As Personal Representative of the Estate of Shaun E. Fisher, Deceased, Appellants, v. SHENANDOAH GENERAL CONSTRUCTION CO., Dickerson, Inc. and the Dickerson Group, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

July 17, 1985.


Attorney(s) appearing for the Case

Richard A. Barnett of Richard A. Barnett, P.A., Hollywood, for appellants.

Jonathan L. Gaines and E. Bruce Johnson of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee — Shenandoah.


LETTS, Judge.

The question is whether the exclusive remedy set forth in the Workers' Compensation Law can be obviated by alleging the commission of an intentional tort by a corporate employer. The trial court found the exclusivity to be paramount and dismissed the action. We affirm.

The facts involve the death of an employee who was commanded by his employer, admittedly within the scope of employment, to clean out...

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