Third District Court of Appeal
State of Florida
Opinion filed September 3, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 3D13-1339
Lower Tribunal No. 11-5508
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Teresa Arvizu, as Personal Representative of the Estate of Olegario
Rincon, etc.,
Appellant,
vs.
Heights Roofing, Inc., Israel J. Garcia, and Hector Cabrera,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Marc
Schumacher, Judge.
Friedman, Rodman & Frank, P.A., and Raquel Y. Reyes-Lao and Ronald D.
Rodman, for appellant.
Cole, Scott & Kissane, P.A., and Scott A. Cole and Daniel M. Schwarz, for
appellees.
Before ROTHENBERG, SALTER, and LOGUE, JJ.
PER CURIAM.
Although this case reflects a tragic workplace accident that cost Olegario
Rincon his life, there was insufficient evidence that his supervisors acted with
culpable negligence within the meaning of section 440.11(1)(b), Florida Statutes
(2009), as is required to remove this case from the ambit of the laws of Worker’s
Compensation. See Fla. Dep’t of Transp. v. Juliano,
864 So. 2d 11, 16 (Fla. 3d
DCA 2003) (holding there was no evidence of culpable negligence where
supervisors were merely aware of poor condition and could have done more to
remedy it); Mekamy Oaks, Inc. v. Snyder,
659 So. 2d 1290, 1291 (Fla. 5th DCA
1995) (holding supervisor’s removal of safety switch did not amount to crime of
culpable negligence). Summary judgment is affirmed.
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