Alex Abraham v. Adam Dzafic

FRANK, Acting Chief Judge. Alex Abraham, driving a van owned by A&K Service Corporation, collided with another A&K van in which Adam Dzafic was riding. The injured Dzafic sued both A&K and Abraham. A&K and Abraham each filed a motion for final summary judgment alleging essentially that, as a matter of law, Dzafic was injured in the course and scope of his employment and was therefore entitled to worker's compensation coverage. A further contention was that A&K, as Dzafic's employer, and Abraham, as Dzafic's co-employee, were immune from liability pursuant to section 440.11, Florida Statutes (1993). After a hearing, the trial court granted A&K's motion but denied Abraham's. Abraham has appealed and we reverse.