Moucha v. Burger King Corp.

WATSON, R.O., Associate Judge.

Appellant, Plaintiff, Tula Moucha, an employee of Appellee, Defendant, Dav-Gar Restaurants, Inc., and Defendant, St. Pe-tersburg Beverage Company, Inc., sued Defendant, Dav-Gar and Defendant, St. Pe-tersburg Beverage, on four counts of negligence following an assault on Plaintiff. The trial court granted Defendants’ motion to dismiss Plaintiff’s amended complaint on the ground that Plaintiff’s exclusive remedy is a claim for worker’s compensation benefits.

Section 440.11(1), Florida Statutes (1979) provides that an employers’ liability under Section 440.10,…