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CAPURSO v. DIBLING

No. 87-1480.

531 So.2d 364 (1988)

James CAPURSO, As Personal Representative of the Estate of Robert Capurso, Deceased, Appellant, v. Jack DIBLING, J & R Concrete and Island Screening & Aluminum, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 12, 1988.

Attorney(s) appearing for the Case

W. Sam Holland and Alden E. Rudolph of Kimbrell & Hamann, P.A., Miami, for appellant.

Janis Brustares Keyser and Timothy L. Newhall of Reid, Ricca & Rigell, P.A., West Palm Beach, for appellees.

PER CURIAM.

We reverse the entry of a summary judgment for the appellees. The complaint contains sufficient allegations to state a claim for gross negligence under the immunity provisions of the Workers' Compensation Law, Section 440.11(1), Florida Statutes (1987). See Streeter v. Sullivan, 509 So.2d 268 (Fla. 1987). Additionally, the motion for summary judgment was directed solely at the pleadings — therefore the...

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