Gorham v. Zachry Industrial, Inc.

Appellant challenges the trial court’s summary judgment in his personal injury claim against his employer. The trial court concluded that the employer had worker’s compensation immunity based upon the facts of the case. The appellant contends that material issues of fact remained as to whether he met the exception for employer immunity set forth in section 440.11, Florida Statutes. We agree with the trial court that, based upon the narrow exception adopted by the Legislature that an employer must know that its conduct is virtually certain to cause injury, the employer is entitled to immunity.

A…