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5. The Court further finds that the depositions of Gary
Richard Walker, former safety representative for FLORIDA FARM
BUREAU INSURANCE COMPANY, Carl Ashton, owner of Ashton Utilities
and Crystal Sthur, bookkeeper at Ashton Utilities, all of which
depositions have been duly filed with the Court, affirmatively
indicate and establish that at all times m~terial hereto, FLORIDA
FARM BUREAU INSURANCE COMPANY did offer and make available safety
consultations and other safety related programs to Ashton Utilities
but that Ashton Utilities at all times refused FLORIDA FARM BUREAU
I~ISURANCE COMPANY'S offers and specifically declined to take
advantage of any safety programs being offered. ~
6. The Court therefore finds that FLORIDA FARM BUREAU
INSURANCE CO~IPANY as the worker's compensation carrier for Ashton
Utilities as employer of the decedent, ROGER IRWIN, fullfilled ~
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its statutory duties pursuant ~o Section 440.56, Florida Statutes ;
and is therefore entitled to the absolute immunity set forth ,
in Section 440.11(2), Florida Statutes. '
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7. The Court further finds that the depositions taken (
i in connection with this cause affirmatively indicate that there
; is no genuine issue as to any material fact and that FLORIDA
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4 FARhI BUREAU INSURANCE COMPANY is entitled to a Judgment in its
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~ favor as ~ matter of law and is entitled tc the ir~munity granted
~ to it as a aorker's comQensation carrier pursuant to Section
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~ 44U. 11_ ( 2), Florida Statut:~:~ .
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8. The Cour~ ~::rt:~r finds th3` <z'_:`~~L,h ~'ris mat~~•r
~ e in favor of the Defendant, F'LORIDA FARM BUREAu
~ Y: _s been resolv d I
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~ ~,~=i;?.~,NCE COMPANY, this matter did involve justiciable issues of
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both fact and law sufficient to overcome the Defendant's hiotion
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~ for Statutory Attorney's fees pursuant to Section 57.105, Florida ~
Statutes, It is theref~re, ~
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OP.DERED AND ADJUDGED that the Defendant, FLORIDA FARh! ~
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IBUREAU INSURANCE COMPANY'S Renewed Motion for Summary Judgment '
_ is hereby granted and the Plaintiff shall take nothing as against
this Defendant ar.d the Defendant shall ao hence without day.
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