Total Signs & Lighting, Inc., Appellant, v. Gary Barrios, Appellee. (2011)

District Court of Appeal of Florida, Third District.

Total Signs & Lighting, Inc., Appellant, v. Gary Barrios, Appellee.

No. 3D10-772

Decided: March 09, 2011

Before, SHEPHERD and LAGOA, JJ., and SCHWARTZ, Senior Judge.

Vernis & Bowling and David W. Grossman; Hicks, Porter Ebenfeld & Stein, Mark Hicks and Erik P. Bartenhagen, for appellant. Lawrence J. McGuinness; Roberto Villasante, for appellee.

Because the appellant-defendant-employer was entitled to workers' compensation immunity from common law liability to the appellee-employee for injuries in a construction accident as a matter of law, see sections 440.02(15)(c)(3); 440.11(1), Fla. Stat. (2006), the trial court should have granted the defendant's motion for directed verdict below. The judgment under review in appellee's favor is therefore reversed and the cause remanded with directions to enter one for the appellant.

Reversed and remanded.

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