[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS No. 09-10315 ELEVENTH CIRCUIT Non-Argument Calendar SEPTEMBER 9, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 06-01350-CV-T-27-MAP

LORENE YOUNG,

Plaintiff-Appellant,

versus

CARGILL JUICE NORTH AMERICA, INC., f.n.a. Cargill Citro-America, Inc.,

Defendant-Appellee Cross Claimant,

KC CROMWELL, INC., f.n.a. Spartan Premier, Inc., d.b.a. Citrus Force Staffing,

Defendant Cross Defendant.

________________________

Appeal from the United States District Court for the Middle District of Florida ________________________ (September 9, 2009) Before TJOFLAT, BIRCH and HULL, Circuit Judges.

PER CURIAM:

This is a personal injury case. The district court granted defendant

summary judgment on the ground that defendant was plaintiff’s statutory employer

and entitled to immunity from suit pursuant to Florida’s Workers’ Compensation

Act. Plaintiff appeals, contending that the “intentional tort” exception to such

immunity applies and that material issues of fact remain to be litigated regarding

that exception. We disagree, and therefore affirm. The intentional tort exception

does not apply for the reasons stated in the district court’s December 15, 2008

order granting appellee summary judgment.

AFFIRMED.

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