HERBERT C. BURNS, III, APPELLANT,
v.
THREE OF A KIND, INC., A FLORIDA CORPORATION, APPELLEE
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Burns appeals a summary judgment dismissing his personal injury action against a bar that allegedly served alcohol to a minor who then caused a car accident injuring Burns. The court reverses, holding that under Florida Statute 768.125, a bar owner who unlawfully serves alcohol to a minor may be liable to third parties injured as a result of the minor's intoxication.
A person who willfully and unlawfully sells or furnishes alcoholic beverages to a minor may become liable for injury or damage caused by or resulting from the intoxication of that minor, including injuries to third parties. Summary judgment was improper based solely on the pleadings where the complaint alleged facts sufficient to establish liability under the statute.
[1] A person who furnishes alcohol to a minor may be liable for injuries resulting from the minor's intoxication, pursuant to Florida Statutes section 768.125.
[2] A complaint alleging that a bar owner served alcohol to a minor, knowing or should have known the person was a minor, and that this intoxication caused the minor to injur…
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Join FLexlaw to unlock all legal intelligence“a person who furnishes alcohol to a minor may be liable to anyone suffering injuries as a result of the intoxication of the minor”
Establishes the statutory basis for third-party liability when alcohol is furnished to a minor
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Join FLexlaw to unlock all legal intelligenceBurns was injured in a car accident when a minor, who had been served alcohol at a bar owned by Three of a Kind, Inc., ran a red light and collided wi…
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DAUKSCH, Judge.
This is an appeal from a summary judgment in a personal injury case. The judgment was entered based essentially on the pleadings. We reverse.
Appellant sued appellee and alleged appellee owns a bar and served alcohol to a person who appeared to be a minor and was a minor. Appellant said appellee knew or should have known the person was a minor. It is also alleged that the alcohol caused the minor to become intoxicated and impaired to the extent he could not safely operate a car. Appellant also alleged appellee knew or should have known the minor would drive the car after being served the alcohol. Appellant finally alleges that as a result of appellee having unlawfully sold the alcoholic beverages to the minor that the minor injured appellant when he ran a red light and collided with appellant’s car. Section 768.125, Florida Statutes (1981) was in effect at the time the injury occurred and that statute says a person who furnishes alcohol to a minor may be liable to anyone suffering injuries as a result of the intoxication of the minor.1 Based upon this statute and in consideration of the allegations in the complaint we must conclude that it was error to enter the summary judgment. See Stevens v. Jefferson, 436 So. 2d 33 (Fla.1983); Willis v. Strickland, 436 So. 2d 1011 (Fla. 5th DCA 1983); Fitzer v. Forlaw, 435 So. 2d 839 (Fla. 4th DCA 1983); Barber v. Jensen, 428 So. 2d 770 (Fla. 4th DCA 1983); Migliore v. Crown Liquors of Broward, Inc., 425 So. 2d 20 (Fla. 4th DCA 1982); Burson v. Gate Petroleum Co., 401 So. 2d 922 (Fla. 5th DCA 1981).
REVERSED and REMANDED.
ORFINGER, C.J., and COWART, J., concur. . Section 768.125, Florida Statutes (1981) provides:
A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or fur nishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.
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Sabo v. Shamrock Commc'ns, Inc., 566 So. 2d 267 (Fla. 5th DCA 1990)…or further proceedings. REVERSED and REMANDED. LEE, R.E., Jr., Associate Judge, concurs. COBB, J., concurs specially with opinion. . See Certain Lands v. City of Alachua, 518 So. 2d 386 (Fla. 1st DCA 1987). . See Burns v. Three of a Kind, Inc., 439 So. 2d 1004 (Fla. 5th DCA 1983); Willis v. Strickland, 436 So. 2d 1011 (Fla. 5th DCA 1983), rev. denied, 446 So. 2d 99 (Fla.1984). . Id.; Gorman v. Albertson's Inc., 519 So. 2d 1119 (Fla. 2d DCA 1988). .Wills v. Sears, Roebuck & Co., 351 So. 2d 29 (Fla.1977);…
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Publix Supermarkets, Inc. v. Austin, 658 So. 2d 1064 (Fla. 5th DCA 1995)…t for identification, coupled with the factual question of a minor’s physical appearance at the time, created a jury issue, and cites to the cases of Gorman v. Albertson’s, Inc., 519 So. 2d 1119 (Fla. 2d DCA 1988) and Burns v. Three of a Kind, Inc., 439 So. 2d 1004 (Fla. 5th DCA 1983) as a basis for denial of the summary judgment. In Gorman, the Second DCA reversed the summary judgment entered below in favor of a bar that had served alcohol to a patron with a two year history of heavy alcohol abuse at the sam…
Authorities Cited
- Stevens v. Jefferson, 436 So. 2d 33 (Fla. 1983)
- Burson v. Gate Petroleum Co., 401 So. 2d 922 (Fla. 5th DCA 1981)
- Willis v. Clay L. Strickland, 436 So. 2d 1011 (Fla. 5th DCA 1983)
- Migliore v. Crown Liquors OF Broward, Inc., 425 So. 2d 20 (Fla. 4th DCA 1982)
- Fitzer v. J. Russell Forlaw, M.D., 435 So. 2d 839 (Fla. 4th DCA 1983)
- Barber v. Jensen, 428 So. 2d 770 (Fla. 4th DCA 1983)