MERRYMAN v. MATTHEUS

No. 87-2054.

529 So.2d 727 (1988)

Holly Lynn MERRYMAN, As Personal Representative of the Estate of Larry Ray Merryman, Deceased, Appellant, v. Michael MATTHEUS, Robert E. Wyrick, Jr., Cleveland A. McInnis and Clifford Dean Spotts, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 22, 1988.


Attorney(s) appearing for the Case

Albert M. Salem, Jr. of Albert Salem and Associates, P.A., Tampa, for appellant.

Ted R. Manry, III of Macfarlane, Ferguson, Allison & Kelly, Tampa, and Thomas J. Roehn, Tampa, for appellees.


LEHAN, Judge.

Plaintiff appeals from a partial summary judgment entered in favor of defendants in this wrongful death case. The trial court concluded as a matter of law that there had been no gross negligence by defendants so as to invoke the exception to the exclusivity of workers' compensation remedies under section 440.11, Florida Statutes (1985). We affirm.

The decedent, of whose estate plaintiff is personal representative, was killed when a load of steel...

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