Michael Carney and Robyn Lustgarten, of the Fort Lauderdale office, obtained a voluntary dismissal with prejudice in a case involving a shopping center security guard that was beaten to death in the parking lot of the shopping center when he came across two individuals stealing copper wires. Although the Estate had received worker’s compensation benefits, it filed suit against the decedent’s employer, a security company, alleging liability under the Florida Statutes, Chapter 440, exception to worker’s compensation immunity. Michael and Robyn filed a Motion for Summary Judgment, arguing that the Estate’s settlement and release constituted an election of remedies, barring any further action against the security company and that the facts of the case failed to overcome the exceedingly high threshold required to defeat immunity under Chapter 440. On the eve of the summary judgment hearing, Plaintiff’s counsel, from a prominent Palm Beach law firm, agreed to dismiss the lawsuit against the security company with prejudice.