Sanchez v. Dade County School Bd., 3D00-1718.
| Decision Date | 28 March 2001 |
| Docket Number | No. 3D00-1718.,3D00-1718. |
| Citation | 784 So.2d 1172 |
| Parties | Caridad SANCHEZ, et al., Appellants, v. DADE COUNTY SCHOOL BOARD, etc., Appellee. |
| Court | Florida District Court of Appeals |
Jack L. Herskowitz, and Jon Herskowitz, Miami; and Dorothy F. Easley, Coral Gables, for appellants.
Pyszka, Blackmon, Levy & Mowers, Miami Lakes, and Cindy J. Mishcon, for appellee.
Before LEVY, GREEN, and RAMIREZ, JJ.
Rehearing En Banc Denied May 30, 2001.
Caridad Sanchez, a middle school teacher, sued the Dade County School Board for negligence after she was sexually assaulted and beaten during her lunch period by a trespasser in the teachers' parking lot. The trial court granted summary judgment in favor of the School Board based on its workers' compensation immunity. We agree that by accepting workers' compensation benefits, Sanchez was precluded from asserting a tort claim against her employer. See § 440.11, Fla. Stat. (1999). We recently held in Dade County Sch. Bd. v. Laing, 731 So.2d 19 (Fla. 3d DCA 1999) that the "unrelated works" exception to workers' compensation immunity did not apply between a teacher and a custodian. Id. at 20. We see no distinction between the teacher-custodian relationship in Laing and the teacher-security personnel relationship in this case.
We therefore affirm.
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...date of the accident. They received different instructions from different people, unlike the scenario in Sanchez v. Dade County School Board, 784 So.2d 1172, 1173 (Fla. 3d DCA 2001), review dismissed as improvidently granted, 889 So.2d 778 (Fla. 2004). The affidavit of Clifford Coll stated ......
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Taylor v. School Bd. of Brevard County
...as opposed to the specific work skills of individual employees." Id. (citation omitted); see also Sanchez v. Dade County Sch. Bd., 784 So.2d 1172, 1172-73 (Fla. 3d DCA 2001) (adhering to Laing, holding teacher and security personnel were not engaged in unrelated works), review granted, 819 ......
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Fitzgerald v. South Broward Hosp. Dist., 4D02-1092.
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Lluch v. American Airlines, Inc., 3D03-3118.
...date of the accident. They received different instructions from different people, unlike the scenario in Sanchez v. Dade County School Board, 784 So.2d 1172, 1173 (Fla. 3d DCA 2001),review dismissed as improvidently granted, 889 So.2d 778 (Fla.2004). The affidavit of Clifford Coll stated th......
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The "unrelated works" exception to workers' compensation immunity.
...1995). (8) The Third District again addressed the unrelated works exception in the school context in Sanchez v. Dade County School Bd., 784 So. 2d 1172 (Fla. 3d DCA 2001), review granted, 819 So. 2d 139 (Fla. 2002). In that case, a teacher who was sexually assaulted and beaten at work by a ......