Eller v. Shova
Supreme Court of Florida
1Opinion of the Court
We have for review Shova v. Eller, 606 So.2d 400 (Fla. 2d DCA 1992), in which the Second District Court of Appeal found the 1988 amendment to section 440.11(1), Florida Statutes (1989), which is a part of the Workers' Compensation Law, to be unconstitutional. The amendment raised the degree of negligence necessary to maintain a civil tort action against policymaking employees from gross negligence to culpable negligence. We have jurisdiction pursuant to article V, section 3(b)(1), of the Florida Constitution. For the reasons expressed, we find the amendment to be constitutional and quash the…
Also in this document: Concurrence.
2Cases cited10 opinions
- Kluger v. WhiteSupreme Court of Florida · 1973
- Streeter v. SullivanSupreme Court of Florida · 1987
- Fisher v. Shenandoah General Construction Co.Supreme Court of Florida · 1986
- Glaab v. CaudillDistrict Court of Appeal of Florida · 1970
- Lawton v. Alpine Engineered Products, Inc.Supreme Court of Florida · 1986
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3Cited by69 opinions
- Kasischke v. StateSupreme Court of Florida · 2008
- Turner v. PCR, INC.Supreme Court of Florida · 2000
- Travelers Indem. Co. v. PCR INC.Supreme Court of Florida · 2004
- Mitchell v. MooreSupreme Court of Florida · 2001
- Sierra v. Associated Marine Institutes, Inc.District Court of Appeal of Florida · 2003
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