ESTATE OF SMITH v. DEPT. OF CHILDREN

No. 1D09-0467.

34 So.3d 181 (2010)

ESTATE OF James M. SMITH, Etc., Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, First District.

May 6, 2010.


Attorney(s) appearing for the Case

Fred H. Flowers, Flowers Law Group, P.A., Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Courtney Brewer, Deputy Solicitor General, Tallahassee, for Appellee.


MARSTILLER, J.

James M. Smith was an employee of the Florida State Hospital in Chatahoochee when he suffered a fatal heart attack at work after intervening in a violent physical confrontation between an inmate and a co-worker and was himself beaten, kicked, and choked by the inmate. At the time of his death, Mr. Smith was a unit training rehabilitation specialist in the hospital's forensic unit which houses people deemed...

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