ELLIOTT v. DUGGER

No. 90-1721.

579 So.2d 827 (1991)

Robert C. ELLIOTT and Carol K. Elliott, His Wife, Appellants, v. Richard L. DUGGER, As Secretary of the State of Florida Department of Corrections, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 24, 1991.


Attorney(s) appearing for the Case

Terence M. Brown, P.A., Starke, and P. Scott Russell, IV, Gentry and Phillips, P.A., Jacksonville, for appellants.

Robert A. Butterworth, Atty. Gen., Cecilia Bradley, Asst. Atty. Gen., Tallahassee, for appellee.


SMITH, Judge.

The Elliotts appeal a final summary judgment entered in favor of Dugger. The trial court ruled that their claims for Robert Elliott's work-related injuries based upon simple negligence, intentional tort, and the gross negligence of a coemployee, were either barred by section 440.11, Florida Statutes (1985), which provides that workers' compensation is the exclusive remedy for workplace injury, or the sovereign immunity provisions of section 768.28(9...

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