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HAYWARD v. OPPENHEIM

No. 84-1626.

468 So.2d 309 (1985)

Derlin HAYWARD, Appellant, v. Don OPPENHEIM d/b/a Tak-a-Way, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 24, 1985.

Attorney(s) appearing for the Case

John-Paul J. Violette, Coral Gables, for appellant.

Adams, Kelley & Kronenberg and Jeffrey S. Breslow, Miami, for appellee.

Before BARKDULL, HUBBART and NESBITT, JJ.

PER CURIAM.

The plaintiff Derlin Hayward appeals from a final summary judgment entered in favor of the defendant Don Oppenheim d/b/a Tak-A-Way in a negligence action arising out of a work-related accident. The trial court concluded that the action was barred by the exclusivity of the workers' compensation remedy as provided by Florida's Workers' Compensation Act (§ 440.11(1), Fla. Stat. (1983)), in that the defendant herein, according to sworn affidavits filed...

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