BARBARA BARBER, PETITIONER,
v.
KURT JENSEN, ET AL., RESPONDENTS
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Prior to May 24, 1980, a third party with proximate causation had a cause of action against one furnishing alcohol to a minor in violation of statute.
The case involves a certified question from the Fourth District Court of Appeal regarding liability for furnishing alcohol to a minor before a specifi…
The full statement of facts, procedural history, and disposition for this case are member content.
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ALDERMAN, Chief Justice.
We review the decision of the District Court of Appeal, Fourth District, in Barber v. Jensen, 428 So. 2d 770 (Fla. 4th DCA 1983), wherein the district court certified the following question to be of great public importance: *
Prior to May 24, 1980, the effective date of section 768.125, Florida Statutes (1981), did a thirty party who could establish proximate causation for his injuries, have a cause of action against a person who furnished alcoholic beverages to a minor in violation of section 562.11, Florida Statutes (1981)?
The district court answered this question in the negative and affirmed the trial court’s dismissal of plaintiffs complaint, reciting its recent decision in Migliore v. Crown Liquors of Broward, Inc., 425 So. 2d 20 (Fla. 4th DCA 1982).
We today have quashed the Fourth District’s holding in Migliore. Migliore v. Crown Liquors of Broward, Inc., 448 So. 2d 978 (Fla.1984). We likewise quash the present decision of the Fourth District on the authority of our decision in Migliore and hold that prior to the effective date of section 768.125, Florida Statutes (1981), a third party who could establish proximate causation for his injuries did have a cause of action against the person who furnished alcoholic beverages to a minor in violation of section 562.11.
It is so ordered.
BOYD, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur. *
The Fourth District also certified that its decision conflicts directly with Burson v. Gate Petro leum Co., 401 So. 2d 922 (Fla. 5th DCA 1981); and Prevatt v. McClennan, 201 So. 2d 780 (Fla. 2d DCA 1967).
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Migliore v. Crown Liquors OF Broward, Inc., 448 So. 2d 978 (Fla. 1984)…ersons injured by the minor’s operation of a motor vehicle. The Fourth District held that a vendor is not liable to such third persons. We disagree and quash the decision of the Fourth District. This same issue is also before us in Barber v. Jensen, 450 So. 2d 830 (Fla.1984), wherein the Fourth District certified this question as being of great public importance. On the evening of December 2, 1978, Frank Migliore, while riding as a passenger in an automobile, was injured when that automobile was struck by an…
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Armstrong v. Munford, Inc., 451 So. 2d 480 (Fla. 1984)…ns nor proof of a willful sale by Munford, Inc., of alcoholic beverages to a minor. We approve the result reached by the district court. Unlike the situation in either Migliore v. Crown Liquors, Inc., 448 So. 2d 978 (Fla.1984), or Barber v. Jensen, 450 So. 2d 830, No. 63,598 (Fla. Mar. 8, 1984), the present accident occurred after the effective date of section 768.125. In our recent decisions of Migliore and Barber, we held that prior to the effective date of section 768.125, a third party who could establi…
Authorities Cited
- Migliore v. Crown Liquors OF Broward, Inc., 448 So. 2d 978 (Fla. 1984)
- Prevatt v. McCLENNAN, 201 So. 2d 780 (Fla. 2d DCA 1967)
- Burson v. Gate Petroleum Co., 401 So. 2d 922 (Fla. 5th DCA 1981)
- Migliore v. Crown Liquors OF Broward, Inc., 425 So. 2d 20 (Fla. 4th DCA 1982)
- Barber v. Jensen, 428 So. 2d 770 (Fla. 4th DCA 1983)