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ALLSTATES FIREPROOFING, INC. v. GARCIA

No. 4D03-1243.

876 So.2d 1222 (2004)

ALLSTATES FIREPROOFING, INC., a Florida corporation authorized to do business in the State of Florida, Appellant, v. Angelina GARCIA, as Personal Representative of the Estate of Aaron Isais Garcia, deceased, and Angelina Garcia, individually and on behalf of Jose Juan Garcia, a minor, and Maritza Garcia, a minor, Appellees.

District Court of Appeal of Florida, Fourth District.

June 9, 2004.

Attorney(s) appearing for the Case

Charles M-P George, Coral Gables, and Christopher W. Wadsworth of Lydecker & Wadsworth, Miami, for appellant.

Kelley B. Gelb and Joseph J. Slama of Krupnick, Campbell, Malone, Buser, Slama, Hancock, McNelis Liberman & McKee, Fort Lauderdale, for appellees.

POLEN, J.

Appellant, Allstates Fireproofing, Inc., has timely appealed a non-final order denying its motion for summary judgment based upon the affirmative defense of workers' compensation immunity. This appeal arises out of an accident in which a scaffold fell on the decedent, Aaron Garcia, resulting in head injuries and his death several days later. Appellee, Angelina Garcia, the decedent's surviving spouse, brought suit.

Allstates is engaged in the business...

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