From Casetext: Smarter Legal Research

Sanchez v. Dade Cty. School Bd.

District Court of Appeal of Florida, Third District
Mar 28, 2001
784 So. 2d 1172 (Fla. Dist. Ct. App. 2001)

Summary

adhering to Laing, holding teacher and security personnel were not engaged in unrelated works

Summary of this case from Taylor v. School Bd. of Brevard County

Opinion

No. 3D00-1718.

Opinion filed March 28, 2001.

An Appeal from the Circuit Court for Miami-Dade County, Jon I. Gordon, Judge. Lower Tribunal No. 99-5479.

Jack L. Herskowitz, and Jon Herskowitz; and Dorothy F. Easley, for appellants.

Pyszka, Blackmon, Levy Mowers, and Cindy J. Mishcon, for appellee.

Before Levy, Green, and Ramirez, JJ.


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. "The fact that employees have different duties does not necessarily mean they are involved in `unrelated works.'. . . Because both were engaged in activities primarily related to the provision of education related services, the `unrelated works' exception to the School Board's immunity under Section 440.11(1) does not apply." 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.


Summaries of

Sanchez v. Dade Cty. School Bd.

District Court of Appeal of Florida, Third District
Mar 28, 2001
784 So. 2d 1172 (Fla. Dist. Ct. App. 2001)

adhering to Laing, holding teacher and security personnel were not engaged in unrelated works

Summary of this case from Taylor v. School Bd. of Brevard County
Case details for

Sanchez v. Dade Cty. School Bd.

Case Details

Full title:CARIDAD SANCHEZ, et al., Appellants, v. DADE COUNTY SCHOOL BOARD, etc.…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 28, 2001

Citations

784 So. 2d 1172 (Fla. Dist. Ct. App. 2001)

Citing Cases

Fitzgerald v. So. Broward Hosp

We note that the unrelated works doctrine is currently under review by the supreme court. See Taylor v. Sch.…

Taylor v. School Bd. of Brevard County

Thus, the focus is upon the nature of the project involved, as opposed to the specific work skills of…