Ghislaine Marie Mattera v. John A. Mattera

Henry Lee Williamson was employed by Water Mania, Inc. in its maintenance department. In the operation of its "wave pool," Water Mania utilized two large machines that by the use of induced draft fans generated the waves necessary for its operation. When the motor on one of these machines failed, Williamson and others were sent into the "wave machine room" to make repairs. Williamson was sucked into the blades of the operating wave machine and killed. In an effort to avoid the workers compensation consequences of the employers negligence, plaintiff phrased the complaint as an intentional tort. The trial court found that the pleadings were insufficient to meet the requirements of Lawton v. Alpine Engineered Products, Inc., 498 So. 2d 879 (Fla. 1986), and dismissed the case.