Capurso v. Dibling

Florida District Courts of Appeal September 7, 1988

Capurso v. Dibling, 531 So. 2d 364 (1988)

13 Fla. L. Weekly 2083; 1988 Fla. App. LEXIS 3984; 1988 WL 91222

David, Gunther, Stone, Tobin

Opinion of the Court

PER CURIAM.

We reverse the entry of a summary judgment for the appellees. The complaint contains sufficient allegations to state a claim for gross negligence under the immunity provisions of the Workers’ Compensation Law, Section 440.11(1), Florida Statutes (1987). See Streeter v. Sullivan, 509 So.2d 268 (Fla. 1987). Additionally, the motion for summary judgment was directed solely at the pleadings — therefore the plaintiff was not required to rebut matters of evidence not raised by the defendant. See Fla.R.Civ.P. 1.510(c).

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

GUNTHER and STONE, JJ., and TOBIN, DAVID L., Associate Judge, concur.

Reference

Full Case Name: James CAPURSO, as Personal Representative of the Estate of Robert Capurso v. Jack DIBLING, J & R Concrete and Island Screening & Aluminum
Cited By: 1 case
Status: Published