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Filing # 148969484 E-Filed 05/04/2022 04:11:13 PM
IN THE CIRCUIT COURT FOR THE SIXTH
_I
JUDICIAL CIRCUIT IN AND FOR PINELLAS
COUNTY, FLORIDA
RENOT LAPOINTE,
Plaintiff,
vs. Case No.: 22-CA-000641-CI
WEEKLEY HOMES, LLC, FCA CONSTRUCTION & SONS, INC.,
SHANE JOHNSON, and DUKE ENERGY FLORIDA, LLC
Defendants.
DEFENDANT, FCA CONSTRUCTION & SONS, INC.,
MOTION TO DISMISS COUNT IV
COMES NOW, Defendant, FCA CONSTRUCTION & SONS, INC., by and through its
undersigned counsel and files its Motion to Dismiss Count IV of the Complaint, and states as follows:
1. Plaintiff alleges that he was injured in the course and scope of his employment with FCA
CONSTRUCTION & SONS, INC. As Plaintiffs employer, it is entitled to worker’s compensation
immunity.
2. Pursuant to Florida Statute 440.11, this Defendant has immunity as it pertains to claims of vicarious
liability.
WHEREFORE, Defendant, FCA CONSTRUCTION & SONS, INC., respectfully requests that this
Honorable Court enter an Order dismissing Count IV of the Complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and conect copy of the foregoing has been furnished
via email to E. Lynn Gibbons, Esquire (service@jorgensengibbons.com), JORGENSEN
00555818.DOCX
***ELECTRONICALLY FILED 05/04/2022 04:11:13 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
GIBBONS, P.A., 4455 Central Avenue, St. Petersburg, FL 33713 and Andrew J. Lewis, Esquire
and Terry L. Kors, Jr., Esquire (drew.lewis@qpwblaw.com; terry.kors@,qpwblaw.com;
Dinah.bishop@qpwblaw.com; derrick.jayska@qpwblaw.com), QUINTAIROS, PRIETO, WOOD
& BOYER, P.A., 1410 N. Westshore Blvd., Suite 200, Tampa, FL 33607 and David J. Awoleke,
Esquire and Lindsay T. Brigman, Esquire (TPAcrtpleadings@wickersmith.com), WICKER
SMITH O'HARA MCCOY & FORD, P.A., 100 S. Ashley Dr., Suite 1800, Tampa, FL 33602 on
this 4th day of May 2022.
^JR,
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Filing # 148969484 E-Filed 05/04/2022 04:11:13 PM IN THE CIRCUIT COURT FOR THE SIXTH _I JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA RENOT LAPOINTE, Plaintiff, vs. Case No.: 22-CA-000641-CI WEEKLEY HOMES, LLC, FCA CONSTRUCTION & SONS, INC., SHANE JOHNSON, and DUKE ENERGY FLORIDA, LLC Defendants. DEFENDANT, FCA CONSTRUCTION & SONS, INC., MOTION TO DISMISS COUNT IV COMES NOW, Defendant, FCA CONSTRUCTION & SONS, INC., by and through its undersigned counsel and files its Motion to Dismiss Count IV of the Complaint, and states as follows: 1. Plaintiff alleges that he was injured in the course and scope of his employment with FCA CONSTRUCTION & SONS, INC. As Plaintiffs employer, it is entitled to worker’s compensation immunity. 2. Pursuant to Florida Statute 440.11, this Defendant has immunity as it pertains to claims of vicarious liability. WHEREFORE, Defendant, FCA CONSTRUCTION & SONS, INC., respectfully requests that this Honorable Court enter an Order dismissing Count IV of the Complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and conect copy of the foregoing has been furnished via email to E. Lynn Gibbons, Esquire (service@jorgensengibbons.com), JORGENSEN 00555818.DOCX ***ELECTRONICALLY FILED 05/04/2022 04:11:13 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** GIBBONS, P.A., 4455 Central Avenue, St. Petersburg, FL 33713 and Andrew J. Lewis, Esquire and Terry L. Kors, Jr., Esquire (drew.lewis@qpwblaw.com; terry.kors@,qpwblaw.com; Dinah.bishop@qpwblaw.com; derrick.jayska@qpwblaw.com), QUINTAIROS, PRIETO, WOOD & BOYER, P.A., 1410 N. Westshore Blvd., Suite 200, Tampa, FL 33607 and David J. Awoleke, Esquire and Lindsay T. Brigman, Esquire (TPAcrtpleadings@wickersmith.com), WICKER SMITH O'HARA MCCOY & FORD, P.A., 100 S. Ashley Dr., Suite 1800, Tampa, FL 33602 on this 4th day of May 2022. ^JR,