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OSTUNI v. MEINEKE DISCOUNT MUFFLER SHOPS, INC.

No. 4D05-2531.

948 So.2d 848 (2007)

Elizabeth A. OSTUNI, as Personal Representative of Anthony John Ostuni, deceased, Appellant, v. MEINEKE DISCOUNT MUFFLER SHOPS, INC., a Foreign Corp., William R. Ufer, Sr., William R. Ufer, Jr., Rex-Douglas Corporation, a Florida corporation, Gordon Cade, Carole Colarusso d/b/a Transmission King, B.K. Capitol Group, Inc., and State Auto Insurance Companies, a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

January 31, 2007.

Attorney(s) appearing for the Case

Howard T. Sutter of Boyd & Sutter, P.A., Jacksonville, for appellant.

Hinda Klein of Conroy, Simberg, Ganon, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, and Richard M. Gomez of Law Offices of Roland Gomez, Miami, for appellee Meineke Discount Muffler Shops, Inc., a foreign corporation.

Jeanne C. Brady and Frank R. Brady of Brady & Brady, P.A., Boca Raton, for appellees William R. Ufer, Sr. and Rex-Douglas Corporation, a Florida corporation.

Fred L. Fulmer of Law Offices of Fred Land Fulmer, P.A., Fort Lauderdale, for appellees William R. Ufer, Jr., Rex-Douglas Corporation, a Florida corporation, and Gordon Cade.

James G. Salerno of Peterson Bernard, Fort Lauderdale, for appellee State Auto Insurance Companies, a Florida corporation.

PER CURIAM.

Anthony Ostuni was shot and killed during a robbery at a Meineke Discount Muffler Shop where he worked as a mechanic. His widow, Elizabeth Ostuni, filed for and received workers' compensation benefits. Later, she filed a wrongful death suit against the employer (a Meineke franchise), the Meineke franchisor, a father and son connected to the franchise (the Ufers), and various employees of the franchise.

To plead around the problem of workers' compensation...

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