TOTAL SIGNS & LIGHTING V. BARRIOS

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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed March 09, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-772 Lower Tribunal No. 08-4148 ________________ Total Signs & Lighting, Inc., Appellant, vs. Gary Barrios, Appellee. An Appeal from the Circuit Court for Miami-Dade County, William Thomas, Judge. Vernis & Bowling and David W. Grossman; Hicks, Porter Ebenfeld & Stein, Mark Hicks and Erik P. Bartenhagen, for appellant. Lawrence J. McGuinness; Roberto Villasante, for appellee. Before, SHEPHERD and LAGOA, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Because the appellant-defendant-employer was entitled to workers compensation immunity from common law liability to the appellee-employee for injuries in a construction accident as a matter of law, see sections 440.02(15)(c)(3); 440.11(1), Fla. Stat. (2006), the trial court should have granted the defendant s motion for directed verdict below. The judgment under review in appellee s favor is therefore reversed and the cause remanded with directions to enter one for the appellant. Reversed and remanded. 2

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