Sharpe v. Monfort of Colorado, Inc.

Sharpe appeals an order dismissing her complaint seeking damages in a tort action against Monfort. The lower court’s dismissal was based upon the finding that Sharpe’s exclusive remedy was under the Florida Workers’ Compensation Act (the Act), Chapter 440, Florida Statutes. We affirm.

We need not consider Sharpe’s argument that an employer’s intentional torts are not covered by the Act, since the facts, as alleged, do not constitute an intentional tort. The constitutionality of the Act may not be attacked for the first time on appeal. We observe that if the constitutionality of the Act had…