R.L. Haines Construction, LLC v. Santamaria, 161 So. 3d 528

Decedent died when a 2000-pound steel column fell at a construction site while being set by Metal Bilt under contract with R.L. Haines.
Appellees (widow and two children) sued R.L. Haines for wrongful death; R.L. Haines claimed workers’ compensation immunity.
Trial court found the intentional-tort exception to immunity under § 440.11(1)(b)2., Florida Statutes (2010) applicable.
Evidence showed epoxy cure time was shortened from 72 to 44 hours, despite curing instructions.
Columns were 33 feet tall, weighing over 2000 pounds, anchored by epoxy to concrete; three other columns remained upright.
Court reversed, holding record did not prove the decedent’s death was virtually certain under the statutory standard; dissent noted additional facts suggesting a jury issue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence shows virtually certain injury/death under § 440.11(1)(b)2.	Lizarraga plaintiffs contend conduct was virtually certain to cause injury.	Haines argues standard is extremely strict; no prior similar accidents; insufficient evidence of virtual certainty.	No; evidence insufficient to prove virtually certain injury.

List Industries, Inc. v. Dalien, 107 So.3d 470 (Fla. 4th DCA 2013) (gatekeeper role; virtually certain standard met or not by facts)
Gorham v. Zachry Indus., Inc., 105 So.3d 629 (Fla. 4th DCA 2013) (describes the virtually certain standard as stringent)
Boston ex rel. Estate of Jackson v. Publix Super Markets, Inc., 112 So.3d 654 (Fla. 4th DCA 2013) (no virtual certainty; lack of prior accidents)
Vallejos v. Lan Cargo, S.A., 116 So.3d 545 (Fla. 3d DCA 2013) (absence of prior similar accidents; requires higher likelihood)
Turner v. PCR, Inc., 754 So.2d 683 (Fla. 2000) (reaffirmed intentional-tort exception; later narrowed to virtual certainty)
Fleetwood Homes of Fla., Inc. v. Reeves, 833 So.2d 857 (Fla. 2d DCA 2002) (discussed approach to determining risk; cited by courts)