Langton v. De Cenzo

District Court of Appeal of Florida

Langton v. De Cenzo

592 So. 2d 318, 1991 Fla. App. LEXIS 12907, 1991 WL 280139

CourtDistrict Court of Appeal of Florida

DecidedDecember 31, 1991

DocketNo. 90-1884

StatusPublished

Cited by1 cases

This text of 592 So. 2d 318 (Langton v. De Cenzo) 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.

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Langton v. De Cenzo, 592 So. 2d 318, 1991 Fla. App. LEXIS 12907, 1991 WL 280139 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

As a matter of law, the record is insufficient to establish that the present defendants-appellants, managing officers of the decedent’s corporate employer, were guilty of “gross negligence” which was a cause of the death in question so as to render them liable, notwithstanding the workers’ compensation immunity defense, under the version of section 440.11, Florida Statutes (1989) in effect at the time of the accident. Hoyt v. Corbett, 559 So.2d 98 (Fla. 4th DCA 1990), review denied, 569 So.2d 1278 (Fla.1990); Merryman v. Mattheus, 529 So.2d 727 (Fla. 2d DCA 1988); see Streeter v. Sullivan, 509 So.2d 268 (Fla.1987).

Accordingly, the defendants’ motion for directed verdict should have been granted. The judgment below for the plaintiff is therefore reversed and the cause remanded with directions to enter judgment for the appellants. *

Reversed.

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PER CURIAM.

As a matter of law, the record is insufficient to establish that the present defendants-appellants, managing officers of the decedent’s corporate employer, were guilty of “gross negligence” which was a cause of the death in question so as to render them liable, notwithstanding the workers’ compensation immunity defense, under the version of section 440.11, Florida Statutes (1989) in effect at the time of the accident. Hoyt v. Corbett, 559 So.2d 98 (Fla. 4th DCA 1990), review denied, 569 So.2d 1278 (Fla.1990); Merryman v. Mattheus, 529 So.2d 727 (Fla. 2d DCA 1988); see Streeter v. Sullivan, 509 So.2d 268 (Fla.1987).

Accordingly, the defendants’ motion for directed verdict should have been granted. The judgment below for the plaintiff is therefore reversed and the cause remanded with directions to enter judgment for the appellants. *

Reversed.

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592 So. 2d 318, 1991 Fla. App. LEXIS 12907, 1991 WL 280139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langton-v-de-cenzo-fladistctapp-1991.

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