Opinion
No. 09-10315 Non-Argument Calendar.
September 9, 2009.
Marcia Vestylena Forsett, The Forsett Law Office, Bartow, FL, for Plaintiff-Appellant.
James M. Drozdowski, Hahn Loeser Parks, LLP, Cleveland, OH, Dawn R. Hays, Hahn Loeser Parks LLP, Columbus, OH, for Defendant-Appellee Cross Claimant.
Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 06-01350-CV-T-27-MAP.
Before TJOFLAT, BIRCH and HULL, Circuit Judges.
This is a personal injury case. The district court granted defendant summary judgment on the ground that defendant was plaintiff's statutory employer and entitled to immunity from suit pursuant to Florida's Workers' Compensation Act. Plaintiff appeals, contending that the "intentional tort" exception to such immunity applies and that material issues of fact remain to be litigated regarding that exception. We disagree, and therefore affirm. The intentional tort exception does not apply for the reasons stated in the district court's December 15, 2008, 2008 WL 5235133, order granting appellee summary judgment.
AFFIRMED.