List Industries, Inc. v. Dalien
107 So. 3d 470
Fla. Dist. Ct. App.2013Background
- Employee sustained a significant hand injury while operating a Press Brake; the accident occurred on August 23, 2005, under Florida Statutes § 440.11(l)(b)(2) (2005).
- List Industries manufactured steel lockers and used various machines; the Press Brake is a 1960s machine with no substantial modifications and requires foot pedal activation.
- Injury occurred when employee’s hand was in the die as the machine operated from the foot pedal; safety guards were absent and the pedal was grease- and debris-covered.
- Employee sought recovery under workers’ compensation immunity and alleged the employer’s conduct met the ‘intentional tort’ exception, proven by clear and convincing evidence.
- Trial court denied the employer’s directed verdict motion; the appellate court reverses, finding the employee failed to prove the required elements by clear and convincing evidence.
- Statutory framework after 2003 amended § 440.11(l)(b)(2) requires showing virtually certain injury or death, based on prior similar accidents or explicit warnings, and concealment or misrepresentation of risk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dalien proved by clear and convincing evidence the employer’s actions were an intentional tort. | Dalien argues prior accidents show virtually certain injury. | List contends there were no prior similar accidents on this machine and risk was obvious; no concealment. | No; insufficient clear and convincing evidence to show virtually certain injury on this machine. |
Key Cases Cited
- Bakerman v. The Bombay Co., Inc., 961 So.2d 259 (Fla.2007) (employer immunity and exclusive remedy under § 440.015)
- Turner v. PCR, Inc., 754 So.2d 683 (Fla.2000) (immunity from common-law negligence suits for covered employers)
- Fleetwood Homes of Florida, Inc. v. Reeves, 833 So.2d 857 (Fla.2d DCA 2002) (gatekeeping function to early determination of immunity)
- Reeves, 889 So.2d 812 (Fla.2004) (supreme court reaffirmation related to immunity analysis)
- Pendergrass v. R.D. Michaels, Inc., 936 So.2d 684 (Fla.4th DCA 2006) (relationship of virtually certain standard to warnings and prior accidents)