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JONES v. ROBINSON

No. 92-243.

618 So.2d 279 (1993)

J.B. JONES, Appellant, v. Ernest ROBINSON, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 8, 1993.

Attorney(s) appearing for the Case

Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane and Shelley H. Leinicke, Fort Lauderdale, for appellant.

Holland & Knight and Daniel S. Pearson and Lucinda A. Hofmann, Miami, for appellee.

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

PER CURIAM.

As a matter of law, the conduct of the defendant-appellant, a coemployee of the plaintiff, did not constitute the "gross negligence" required to permit recovery under section 440.11, Florida Statutes (1985) notwithstanding the workers' compensation immunity defense. While Jones's action was undoubtedly negligent, it was just as plainly not a

conscious and voluntary act or omission which [was] likely to result in grave injury when in the...

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