Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 1981

Yell v. Raintree Nurseries, Inc.

Yell v. Raintree Nurseries, Inc.
Florida District Courts of Appeal · Decided October 14, 1981 · Booth, Shivers, Smith
413 So. 2d 36; 1981 Fla. App. LEXIS 22390 (Southern Reporter, Second Series)

Yell v. Raintree Nurseries, Inc.

Opinion of the Court

PER CURIAM.

AFFIRMED.

BOOTH and LARRY G. SMITH, JJ., concur. SHIVERS, J., dissents with written opinion.

Dissenting Opinion

SHIVERS, Judge,

dissenting.

I would reverse. The sequence of events establishes the accident as a logical cause of the tumor, shifting the burden to the employer. See Wilhelm v. Westminster Presbyterian Church, 235 So.2d 726 (Fla. 1970).

Here there is a step-by-step progression from the time the claimant injured her eye until the removal of the pseudotumor and literal blindness in the claimant’s eye. The evidence indicates claimant had no previous eye problem except for the wearing of eyeglasses and that she has not injured her eye in any other manner.

I respectfully dissent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑