Capurso v. Dibling

District Court of Appeal of Florida

Decided September 7, 1988

District Court of Appeal of Florida · decided 1988-09-07

Relies on 509 So. 2d 268 - Streeter v. Sullivan

Good law ✅— No negative treatment on recordhow we know

Decided 1988-09-07

How this case has been cited

Cited by 9 later decisions — most recently June 2013

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1We 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).

¶2REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

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