Estate of Reid ex rel. Reid v. Swats

District Court of Appeal of Florida

Estate of Reid ex rel. Reid v. Swats

686 So. 2d 19, 1996 Fla. App. LEXIS 6874, 1996 WL 366285

District Court of Appeal of Florida·Decided July 3, 1996·No. No. 95-03125·Published

Opinion

PER CURIAM.

Steven James Reid was killed in 1992 during an armed robbery at the convenience store where he was working. We affirm the dismissal with prejudice of the estate’s amended complaint for wrongful death against the decedent’s managerial co-employees because the allegations in the complaint do not rise to the level of negligence necessary to overcome the immunity from suit provided by section 440.11(1), Florida Statutes (1991). See Eller v. Shova, 630 So.2d 537 (Fla.1993); Ross v. Baker, 632 So.2d 224 (Fla. 2d DCA 1994); Folk v. Rite Aid of Florida, Inc., 611 So.2d 35 (Fla. 4th DCA 1992).

BLUE, A.C.J., and FULMER and WHATLEY, JJ., concur.

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PER CURIAM.

Steven James Reid was killed in 1992 during an armed robbery at the convenience store where he was working. We affirm the dismissal with prejudice of the estate’s amended complaint for wrongful death against the decedent’s managerial co-employees because the allegations in the complaint do not rise to the level of negligence necessary to overcome the immunity from suit provided by section 440.11(1), Florida Statutes (1991). See Eller v. Shova, 630 So.2d 537 (Fla.1993); Ross v. Baker, 632 So.2d 224 (Fla. 2d DCA 1994); Folk v. Rite Aid of Florida, Inc., 611 So.2d 35 (Fla. 4th DCA 1992).

BLUE, A.C.J., and FULMER and WHATLEY, JJ., concur.

Estate of Reid ex rel. Reid v. Swats, 686 So. 2d 19, 1996 Fla. App. LEXIS 6874, 1996 WL 366285 (Fla. Ct. App. 1996).

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686 So. 2d 19 (Estate of Reid ex rel. Reid v. Swats) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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