Arvizu v. Heights Roofing, Inc.

District Court of Appeal of Florida

Arvizu v. Heights Roofing, Inc.

146 So. 3d 1223, 2014 Fla. App. LEXIS 13676, 2014 WL 4344367

CourtDistrict Court of Appeal of Florida

DecidedSeptember 3, 2014

DocketNo. 3D13-1339

StatusPublished

This text of 146 So. 3d 1223 (Arvizu v. Heights Roofing, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arvizu v. Heights Roofing, Inc., 146 So. 3d 1223, 2014 Fla. App. LEXIS 13676, 2014 WL 4344367 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

Although this case reflects a tragic workplace accident that cost Olegario Rin-con his life, there was insufficient evidence that his supervisors acted with culpable negligence within the meaning of section 440.11(l)(b), Florida Statutes (2009), as is required to remove this case from the ambit of the laws of Worker’s Compensation. See Fla. Dep’t of Transp. v. Juliano, 864 So.2d 11, 16 (Fla. 3d DCA 2003) (holding there was no evidence of culpable negligence where supervisors were merely aware of poor condition and could have done more to remedy it); Mekamy Oaks, Inc. v. Snyder, 659 So.2d 1290, 1291 (Fla. 5th DCA 1995) (holding supervisor’s removal of safety switch did not amount to crime of culpable negligence). Summary judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Although this case reflects a tragic workplace accident that cost Olegario Rin-con his life, there was insufficient evidence that his supervisors acted with culpable negligence within the meaning of section 440.11(l)(b), Florida Statutes (2009), as is required to remove this case from the ambit of the laws of Worker’s Compensation. See Fla. Dep’t of Transp. v. Juliano, 864 So.2d 11, 16 (Fla. 3d DCA 2003) (holding there was no evidence of culpable negligence where supervisors were merely aware of poor condition and could have done more to remedy it); Mekamy Oaks, Inc. v. Snyder, 659 So.2d 1290, 1291 (Fla. 5th DCA 1995) (holding supervisor’s removal of safety switch did not amount to crime of culpable negligence). Summary judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

146 So. 3d 1223, 2014 Fla. App. LEXIS 13676, 2014 WL 4344367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arvizu-v-heights-roofing-inc-fladistctapp-2014.

Opinion

Related

Cite This Page — Counsel Stack