Disability Law

Injured Worker Challenges Constitutionality of "Horizontal Immunity" Provision

By David A. McCranie, Esq.

Last December, The Florida Times-Union carried this story about Gregory Aikens, a Jacksonville construction worker employed by subcontractor Dee Shoring Co., Inc., who was injured on the job due to the negligence of Miller Electric, another subcontractor on the same job. Aikens sued Miller Electric to recover for his injuries, and although the jury agreed that Miller Electric was indeed negligent, they specifically found that the company was not "grossly" negligent.  Therefore, judgment was entered for Miller Electric because of a 2003 amendment to §440.10, which raised the standard for recovery in suits by an employee of one subcontractor against another subcontractor from simple to gross negligence.  The amendment took effect just five days before his accident occurred.

Aikens has appealed the judgment to the First District Court of Appeal, contending, among other things, that the amendment is unconstitutional under Art. I, §21 ("access to courts") and Art. I, §2 ("equal protection"), Fla. Const. (Aikens v. Miller Electric, Case No. 1D07-6314).  Oral argument is set for July 15, but unfortunately, because the argument is set to take place in Jacksonville instead of Tallahassee, we'll be unable to watch.

Full post as published by Florida Workers’ Compensation Law Blog on July 12, 2008 (boomark / email).