 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
McClanahan v. State9/5/2003
Several current and former employees of the Florida Department of Juvenile Justice contended they were made ill by the unsafe and unhealthy air quality in the building where they worked, a juvenile detention center located in Clearwater. They sued DJJ, the Florida Department of Management Services, and others. In this appeal the employees challenge a summary judgment granted to DJJ and DMS founded on workers' compensation immunity. We affirm.
The employees' second amended complaint alleged that the building was constructed in the early 1990s. It was owned by DJJ and was designed and built under the supervision of DMS. The complaint alleged that both were negligent in overseeing the design and construction of the building such that after it was occupied it was contaminated by excessive levels of moisture, mildew, and mold. One count of the complaint sought damages stemming from respiratory injuries suffered by the employees, and another count sought to recover for the wrongful death of a deceased employee.
The state defendants filed affirmative defenses and motions for summary judgment asserting they were immune from suit under the exclusivity provision of Florida's workers' compensation law, section 440.011(1), Florida Statutes (1997). The employees filed replies to the affirmative defenses in which they disputed the agencies' workers' compensation immunity on the ground that the agencies had knowingly allowed the building's unhealthy air quality to persist for several years and had thus engaged in conduct that was substantially certain to result in injury or death to the employees working in the building. As mentioned, the circuit court entered summary judgment for DJJ and DMS.
The employees challenge the judgment on three bases. For one, they maintain the court erred by granting judgment to DMS because DMS did not employ them and therefore did not enjoy workers' compensation immunity. But section 440.02(14), Florida Statutes (1997), defines "employer" to include "the state and all political subdivisions thereof." In other words, for purposes of the workers' compensation law the state, not a particular agency, is deemed to be the employer. State v. Special Disability Trust Fund, 795 So. 2d 1105 (Fla. 1st DCA 2001); Dep't of Corr. v. Koch, 582 So. 2d 5 (Fla. 1st DCA 1991). If workers' compensation immunity defeated the employees' claims, it did so as to both DJJ and DMS.
The employees also maintain that the circuit court should have permitted them to amend their complaint to allege facts sufficient to defeat the agencies' workers' compensation immunity under the intentional tort exception as expounded in Turner v. PCR, Inc., 754 So. 2d 683 (Fla. 2000). It is true that the employees' complaint alleged only negligence on the parts of DJJ and DMS, which was insufficient to avoid workers' compensation immunity. They alleged the intentional tort exception only in their replies to the agencies' affirmative defenses. At the hearing on the motions for summary judgment, the circuit court expressed its concern about the state of the pleadings. The employees' counsel urged that the intentional tort exception was adequately raised in the manner described, but asked the court for leave to amend if it felt otherwise. The court went on to treat the matter as if the intentional tort exception had been properly pleaded. It granted the summary judgment, concluding that the evidence of record would not support a finding that the agencies had engaged in conduct that would defeat their workers' compensation immunity. Given that the employees contended that they did not need to amend their pleadings to assert the intentional tort exception, and given that the circuit court decided the cas
Page 1 2 Florida Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|