Cases

Employee of one subcontractor on a job sued an employee of another subcontractor on the same job and the other subcontractor on the same job alleging gross negligence.  Under Section 440.10(1)(e)2, Florida Statutes, gross negligence involving causes of action between employees of subcontractors on a common job is excepted from the exclusive remedy provisions of the Florida Workers' Compensation statute.  In order to establish gross negligence, the plaintiff/employee of one subcontractor must show:  (1)  a composite of circumstances which together constitute a clear and present danger; (2) an awareness of such danger by the other subcontractor; and (3) a conscious voluntary act or omission by the other subcontractor that is likely to result in injury.  Appellate court in this instance reversed summary judgment in favor of defendant/subcontractor finding that there were genuine issues of material fact precluding the entry of a summary judgment.  The transcript considered in regards to the summary judgment proceedings did not substantiate uncontroverted evidence of gross negligence.  There was no transcript of the summary judgment hearing.