ROBERT KIRKLAND, APPELLANT,
v.
DAVID AARON JOHNSON, VERNON A. O'QUINN, OLIVER CUMMINGS PICKETT, SR., KATHLEEN PICKETT, OLIVER CUMMINGS PICKETT, JR., AND DONNA PICKETT, APPELLEES
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WENTWORTH, Judge.
Appellant seeks' review of an order by which his complaint was dismissed for failure to state a cause of action. Appellant contends that the court erred in its construction of section 768.125, Florida Statutes. In dismissing appellant’s complaint the court below relied upon the Fourth District’s decision in Bankston v. Brennan, 480 So. 2d 246 (Fla. 4th DCA 1985), pending on certification, Fla. Supreme Court Case No. 68,281. In Bankston the Fourth District held that section 768.125, Florida Statutes, does not create a cause of action against a social host for third party injuries resulting from the intoxication of a minor to whom alcoholic beverages have been furnished at a private function. We agree with the rationale of the decision in Bankston, and we therefore affirm the order appealed.
BOOTH, C.J., and THOMPSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fritsch v. Rocky Bayou Country Club, Inc., 799 So. 2d 433 (Fla. 1st DCA 2001)…could not be held liable for injuries caused by his intoxication); Bankston v. Brennan, 507 So. 2d 1385 (Fla.1987) (§ 768.125 did not create cause of action against social host for serving alcoholic beverages to mi [*436] nor); Kirkland v. Johnson, 499 So. 2d 899 (Fla. 1st DCA 1987) (no cause of action accrued against social host for third-party injuries resulting from intoxication of minor to whom alcohol was furnished at “private function”). Although section 768.125 generally protects from liability for i…
Authorities Cited
- Bankston v. Brennan, 480 So. 2d 246 (Fla. 4th DCA 1985)