City of Miami v. Gutierrez
This text of 979 So. 2d 1028 (City of Miami v. Gutierrez) 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.
Opinion
The CITY OF MIAMI, Appellant,
v.
Miguel GUTIERREZ, as Personal Representative of the Estate of Susana Gutierrez, Appellee.
District Court of Appeal of Florida, Third District.
Jorge L. Fernandez, City Attorney, and Warren Bittner, Assistant City Attorney, for appellant.
Mintzer, Sarowitz, Zeris, Ledva, & Meyers, LLP, and Addison J. Meyers, and Orlando Valle, Coral Gables, for appellee.
Before COPE, GREEN, and RAMIREZ, JJ.
PER CURIAM.
The City of Miami appeals an order denying its motion for summary judgment based on worker's compensation immunity. We affirm the order because the undisputed record evidence supports the trial court's finding that the employee was engaged in a recreational activity, unrelated to the work she was hired to perform. *1029 § 440.092(1), Fla. Stat. (2003); Whitehead v. Orange County Sheriff's Dept., 909 So.2d 344 (Fla. 1st DCA 2005); Madden v. Walt Disney World Co., 711 So.2d 150 (Fla. 1st DCA 1998).
Affirmed.
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Cite This Page — Counsel Stack
979 So. 2d 1028, 2008 WL 649066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-miami-v-gutierrez-fladistctapp-2008.