Wrongful Death – Work Related Accident – Road Grader – Workers’ Compensation Immunity – Florida Statute 440.11

The Peterson Bernard Team obtained a final summary judgment on behalf of an employer in a wrongful death action arising out of a work related accident. The employee was killed on a job site when a road grader backed over him.  Plaintiff’s estate argued that the employer had engaged in conduct that was substantially certain to result in injury or death based upon a non-functioning back up alarm on the grader.  The  motion for final summary judgment predicated upon workers compensation immunity pursuant to Fla. Stat. 440.11. The plaintiff appealed the court’s ruling to the 4th DCA where the trial court’s ruling was affirmed.