ELLER v. SHOVA

No. 80776.

630 So.2d 537 (1993)

Karl ELLER, et al., Appellants, v. Randy SHOVA, etc., Appellee.

Supreme Court of Florida.

Rehearing Denied February 8, 1994.


Attorney(s) appearing for the Case

William M. Schneikart and Randee K. Carson of Hampp, Schneikart & James, P.A., St. Petersburg, for appellants.

James A. Sheehan, St. Petersburg, for appellee.

David W. Henry of McDonough, O'Neal & O'Dell, Orlando, amicus curiae for the Florida Defense Lawyers Ass'n.

Arthur J. England, Jr. and Charles M. Auslander of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, amicus curiae for the Florida Food and Fuel Retailers.


OVERTON, Justice.

We have for review Shova v. Eller, 606 So.2d 400 (Fla. 2d DCA 1992), in which the Second District Court of Appeal found the 1988 amendment to section 440.11(1), Florida Statutes (1989), which is a part of the Workers' Compensation Law, to be unconstitutional. The amendment raised the degree of negligence necessary to maintain a civil tort action against policymaking employees from gross negligence to culpable...

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