General Dynamics Corporation et al. v. Brottem et al.
36 FLW D66, 5th DCA
Court determined that employer is entitled to workers' compensation immunity in civil cause of action against employer by former employees under the Water Quality Assurance Act for personal injuries or wrongful deaths allegedly caused by occupational exposures to hazardous substances at employer's manufacturing facility. Pursuant to Section 376.313, Florida Statutes, a strict liability cause of action exists against owners of real property for damages caused by surface or ground water contaminants on the property. Under this statute, there is no need to plead or prove negligence on the part of the landowner. All that is necessary is to prove the fact of a prohibited discharge or owner polluted condition and that it has occurred. There was no allegation that the employer had intentionally contaminated its property causing injury to plaintiffs which would be an exception to the exclusive remedy provisions of the Workers' Compensation Act. Case certified to Supreme Court as conflicting with the 1st DCA opinion Cunningham v. Anchor Hocking Corporation, 558 So. 2d 93 (Fla. 1st DCA 1990) Concurring opinion.