Supreme Court of Florida

The substantial certainty test of the intentional tort exception to workers' compensation immunity does not have an indispensable requirement that the employer conceal danger from the employee. In a case brought by an individual injured in a fall from a ladder while employed at a Bombay Company retail store, a decision reversing a judgment pursuant to a jury verdict for plaintiff is quashed where the Third District erred in reversing the judgment based solely on plaintiff's failure to demonstrate that the employer concealed a danger.

Appellate Information

• Decided 06/21/2007
• Published 06/21/2007

Judges

• QUINCE, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Barbara Green, Miami, FL, and Robert N. Pelier, Coral Gables, FL, for Petitioner., Valerie A. Fernandez and Steven G. Gieseler, on behalf of Pacific Legal Foundation, Coral Gables, FL, as Amicus Curiae.


• For Appellees:
  
• Robert E. Biasotti of Carlton Fields, P.A., St. Petersburg, FL, and Christine R. Davis of Carlton Fields, P.A., Tallahassee, FL, for Respondent.