GONZALEZ v. J.W. CHEATHAM LLC

No. 4D12-244.

125 So.3d 942 (2013)

Jorge GONZALEZ and Luz Gonzalez, Appellants, v. J.W. CHEATHAM LLC, a Florida Limited Liability Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

May 29, 2013.


Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens and Rafael J. Roca of Rafael J. Roca, P.A., West Palm Beach, for appellants.

Rosalind R. Milian of the Law Office of Lorraine Lester, Plantation, for appellee.


TAYLOR, J.

The plaintiff, Jorge Gonzalez, and his wife, Luz Gonzalez, appeal a final order granting the defendant's motion for summary judgment and dismissing their negligence complaint with prejudice on the ground that the suit was barred by workers' compensation immunity. We reverse, because there is a genuine issue of material fact as to whether the plaintiff was under a written contract "with a motor carrier," and whether the plaintiff is thus excluded from the...

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