Trial Magazine

While walking to his car at the Windward Vista Apartments, Dimithry Remarais was confronted by armed men, who shot and killed him while carjacking him. He is survived by his two minor children.

Remarais’s estate sued Excel Security Inc., alleging it breached its duty to provide private security for the complex. The plaintiff asserted that Excel failed to properly advise the property owners and manager regarding the level of security needed to reasonably protect residents from foreseeable crime. Suit claimed Excel personnel were not present at the time of Remarais’s killing.

The plaintiff also named the property owners and manager, alleging failure to provide reasonable security for the complex, which had a history of crime in its parking lots.

The defense asserted that the incident was not deterrable and that Remarais had been using or selling drugs at the time of his death.

The parties settled for $21 million.

Citation: Lubin v. Summit Palms Apts., LLC, No. CACE-23-002869 (Fla. Cir. Ct. Broward Cnty. Undisclosed Date).

Plaintiff counsel: AAJ members Michael Haggard and Adam Finkel, both of Coral Gables, Fla.