Third Party Action for Contribution – Tractor - Golf Cart Accident – Seatbelt – Workers’ Compensation Immunity - Final Summary Judgment

The Peterson Bernard Team obtained a final summary judgment on behalf of a defendant in a third party action for contribution.  Plaintiff, an employee of the defendant was seriously injured when the tractor he was operating was struck by a golf cart. The plaintiff was thrown from the tractor and was then run over by the tractor.  The owner and the driver of the golf cart both filed a third party complaint against the defendant alleging that it engaged in conduct that was substantially certain to result in injury or death since the tractor was not equipped with a seatbelt.  The defendant’s motion for final summary judgment was predicated upon workers compensation immunity under Fla. Stat. 440.11.