Summary
applying Eleventh Circuit's definition of gross negligence to Florida Statute §440.10(e)
Summary of this case from Blanco v. Capform, Inc.Opinion
No. 07-11347, Non-Argument Calendar.
August 28, 2007.
Dennis K. Larry, Jason W. Peterson, Clark, Partington, Hart, Larry, Bond, et al., Pensacola, FL, for Plaintiffs-Appellants.
John C.S. Pierce, Michael A. Montgomery, Butler Pappas Weihmuller Katz Craig LLP, Mobile, AL, for Defendant-Appellee.
Appeal from the United States District Court for the Northern District of Florida. D.C. Docket No. 06-00002-CV-5-RS-AK.
Before BIRCH, BLACK and HILL, Circuit Judges.
Crane operator Stevie Greathouse (Greathouse) filed suit against subcontractor Ceco Concrete Construction, L.L.C. (Ceco) for gross negligence when his left foot above the ankle was amputated while working on a condominium construction site in Santa Rosa Beach, Florida. Both parties agree that, under Florida's workers' compensation statute, Ceco is immune from liability unless Ceco was grossly negligent and its gross negligence was the "major contributing cause of [Greathouse's] injury." See Fla. Stat. §§ 440.10(1)(e), 440.11. The district court granted summary judgment in favor of Ceco. Greathouse now appeals.
We have reviewed the record in this case, the briefs and the arguments of counsel contained therein. Based upon the well-written, well-reasoned and published opinion of the district court, we affirm the judgment granting summary judgment for Ceco. See Greathouse v. Ceco Concrete, Construction, L.L.C., No. 5:06cv2-RS-AK, 2007 WL 624550 (N.D.Fla. Feb.23, 2007).
AFFIRMED.