BY ENTERING INTO A MEDIATED SETTLEMENT AGREEMENT WITH DEFENDANT EMPLOYER, PLAINTIFF LITIGATED HER WORK COMP CLAIM TO CONCLUSION “CHOOSING TO RECEIVE WORK COMP BENEFITS TO THE EXCLUSION OF TORT BENEFITS,” AND IT WAS ERROR TO DENY DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Petro Stopping Centers v. Gall, 34 Fla. L. Weekly D2547 (Fla. 5^th DCA December 11, 2009):

The court clarified its original opinion, but maintained its conclusion that the trial judge should have granted summary judgment for the employer, because the parties mediated settlement agreement constituted a conclusion on the merits of the plaintiff’s worker’s compensation claim.  The court found because plaintiff actively pursued her tort litigation showed she had elected her remedy.

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