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CABRERA v. T.J. PAVEMENT CORP.

No. 3D07-2190.

2 So.3d 996 (2008)

Caridad CABRERA, as personal representative of the Estate of Victor Acosta, for the use and benefit of the Estate of Victor Acosta and Victor Abrahan Acosta Ventura, Appellant, v. T.J. PAVEMENT CORP., Appellee.

District Court of Appeal of Florida, Third District.

November 19, 2008.

Attorney(s) appearing for the Case

Beckham & Beckham, and Pamela Beckham, Miami, for appellant.

Angones McClure & Garcia; Hersch & Talisman and Patrice A. Talisman, Coconut Grove, for appellee.

Before GERSTEN, C.J., and WELLS and LAGOA, JJ.

WELLS, J.

Caridad Cabrera, as personal representative of the Estate of Victor Acosta, appeals from a final summary judgment determining that T.J. Pavement Corp., Acosta's employer, is entitled to workers' compensation immunity. Because Cabrera demonstrated the existence of genuine issues of material fact that would except T.J. Pavement's conduct from workers' compensation immunity, we reverse.

Acosta was killed when the eight foot deep trench in which he was...

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