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TIMONES v. EXCEL INDUS. OF FLORIDA

No. 92-3480.

631 So.2d 331 (1994)

Pio TIMONES, Appellant, v. EXCEL INDUSTRIES OF FLORIDA, a corporation, Appellee.

District Court of Appeal of Florida, First District.

February 1, 1994.

Attorney(s) appearing for the Case

Clive N. Morgan, Jacksonville, for appellant.

Jack W. Shaw, Jr. and Michael J. Obringer of Osborne, McNatt, Shaw, O'Hara, Brown & Obringer, Jacksonville, for appellee.

SMITH, Judge.

Timones appeals a final summary judgment granted his employer, Excel Industries of Florida, in his personal injury action for damages suffered as a result of a work-related accident. Timones received workers' compensation benefits due to the accident. We agree that Timones' complaint fails to allege ultimate facts demonstrating an intentional tort which falls outside the exclusivity provision of the Workers' Compensation Act, section 440.11(1), Florida...

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