Phil Wiseberg and Carter Lewis from our West Palm Beach office obtained dismissal of a Brevard County wrongful death action on behalf of an insured delivery driver. The case arose from a residential delivery incident that resulted in a fatality and subsequent civil litigation. The defense moved to dismiss the action under Florida’s Stand Your Ground statute.

Following motion practice and argument, the court granted the defense’s Motion to Dismiss under Florida Statute §776.032 and entered an order finding that statutory immunity applied.

The dismissal follows earlier proceedings in which the defense raised additional statutory defenses. The case is dismissed at the trial court level. Under the statute, the order also includes provisions that may allow recovery of attorney’s fees, costs, and defense expenses.