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Employer Can't Raise Exclusivity Defense to Tort Claims From Worker Shot by Colleague

Monday, April 29, 2024 | 0

A Florida appellate court ruled that an employer was barred from raising a workers’ compensation exclusivity defense to a worker’s civil suit over his shooting by a colleague. Case: Bottling Group LLC v. Bastien, No. 3D23-1298, 04/24/2024, published. Facts: Giovanni E. Bastien worked for Bottling Group LLC at a Pepsi packaging and distribution facility in Medley. In November 2020, he was shot by a colleague. According to local media reports, Bastien had gotten into an argument with Jimmy Lee Franklin, 29, over union issues. The men agreed to fight, then clocked out of work and d...

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