City of Miami v. Gutierrez

979 So.2d 1028 (2008)

The CITY OF MIAMI, Appellant,

v.

Miguel GUTIERREZ, as Personal Representative of the Estate of Susana Gutierrez, Appellee.

No. 3D07-1892.

District Court of Appeal of Florida, Third District.

March 12, 2008.

Rehearing Denied May 1, 2008.

Jorge L. Fernandez, City Attorney, and Warren Bittner, Assistant City Attorney, for appellant.

Mintzer, Sarowitz, Zeris, Ledva, & Meyers, LLP, and Addison J. Meyers, and Orlando Valle, Coral Gables, for appellee.

Before COPE, GREEN, and RAMIREZ, JJ.

The City of Miami appeals an order denying its motion for summary judgment based on worker's…