Pepsi workplace shooting lawsuit bypasses comp immunity
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A Florida appeals court on Wednesday ruled that Pepsi Co. Inc. does not have workers compensation immunity in a lawsuit over a shooting that took place at a packaging and distribution facility.
The company had initially denied a workers comp claim, stating that the two workers involved were not in the course and scope of employment when one shot the other.
Giovanni Bastien was “seriously injured when a co-worker, purportedly disgruntled over union activities, shot him several times” at the facility in Medley, Florida, according to Bottling Group LLC. v. Giovanni Bastien. The shooting took place in December 2020.
While recovering in the hospital, Mr. Bastien notified his manager that he intended to file a workers compensation claim. “He was informed he was not entitled to benefits,” and Bottling Group proceeded to email its comp insurer “to oppose the claim,” according to documents.
Mr. Bastien sued Bottling Group, later adding parent company Pepsi Co. as a defendant. Pepsi Co. moved for summary judgment, arguing the case was subject to workers comp immunity.
Citing three instances of case law and affirming an earlier ruling, the 3rd District Court of Appeal found that Bottling Group took “inconsistent” positions on the shooting and that the lawsuit could proceed.
