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LANGTON v. DE CENZO

No. 90-1884.

592 So.2d 318 (1991)

William G. LANGTON, David Mulligan and Paul Gillcrist, Appellants, v. Georgiann DE CENZO, as personal representative of the Estate of Phillip De Cenzo, deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 18, 1992.

Attorney(s) appearing for the Case

Holland & Knight and Daniel S. Pearson and Amy D. Ronner, Miami, for appellants.

Howard D. Dillman; Leesfield & Blackburn, Hicks, Anderson & Blum and Mark Hicks and Ralph O. Anderson, Miami, for appellee.

Robert A. Butterworth, Atty. Gen. and Craig B. Willis, Asst. Atty. Gen., for State of Fla.

McCormack & Siboni & Knoblock, Miami, for Lockheed Aircraft Corp.

Herzfeld and Rubin and Edward T. O'Donnell, Miami, for Product Liability Advisory Council, Inc., as amicus curiae.

Osborne, McNatt, Shaw, O'Hara Brown & Obringer and Jack W. Shaw, Jr., Jacksonville, for Florida Defense Lawyers Ass'n, as amicus curiae.

Roy D. Wasson, Miami, for Academy of Florida Trial Lawyers, as amicus curiae.

Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ.

PER CURIAM.

As a matter of law, the record is insufficient to establish that the present defendants-appellants, managing officers of the decedent's corporate employer, were guilty of "gross negligence" which was a cause of the death in question so as to render them liable, notwithstanding the workers' compensation immunity defense, under the version of section 440.11, Florida Statutes (1989) in effect at the time of the accident. Hoyt v. Corbett,

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