PEOPLES RESTAURANT, PETITIONER,
v.
MARY SABO, RESPONDENT
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The Florida Supreme Court held that a vendor of alcoholic beverages may be liable to third parties injured by an intoxicated patron based on circumstantial evidence of the vendor's knowledge that the patron was addicted to alcohol, without requiring written notice of addiction.
A cause of action exists against a vendor of alcoholic beverages for knowingly serving a person addicted to alcohol, and circumstantial evidence of such knowledge based on the patron's repeated behavior and appearance is sufficient to permit a jury to determine liability.
[1] A cause of action exists against a vendor of alcoholic beverages for knowingly serving a person addicted to the use of alcohol, even without written notice of the addicti…
[2] Circumstantial evidence may be sufficient to establish that an alcoholic beverage vendor knowingly served a person addicted to alcohol.
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Join FLexlaw to unlock all legal intelligence“a cause of action exists against a vendor of alcoholic beverages for knowingly serving a person addicted to the use of alcohol, even though the vendor had not been furnished written notice of the person's addiction”
Establishes the primary holding that written notice is not required for vendor liability based on addiction
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Join FLexlaw to unlock all legal intelligenceDaniel Hoag, a self-described alcoholic who consumed a case of beer daily, regularly visited Peoples Restaurant twice weekly for four months prior to …
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OVERTON, Justice.
This is a petition to review Sabo v. Shamrock Communications, Inc., 566 So. 2d 267 (Fla. 5th DCA 1990), in which the Fifth District Court of Appeal held that a cause of action exists against a vendor of alcoholic beverages for knowingly serving a person addicted to the use of alcohol, even though the vendor had not been furnished written notice of the person’s addiction. The court also held that circumstantial evidence could be sufficient to establish that the vendor knowingly served a person addicted to alcohol. The district court ac knowledged conflict with Ellis v. N.G.N. of Tampa, Inc., 561 So. 2d 1209 (Fla. 2d DCA 1990). We have jurisdiction under article V, section 3(b)(4), of the Florida Constitution, and approve the district court’s decision for the reasons expressed in our simultaneously released decision in Ellis v. N.G.N. of Tampa, Inc., 586 So. 2d 1042 (Fla.1991).
In this cause, Sabo brought a personal injury action alleging that she suffered injuries in an automobile accident caused by Daniel Hoag, an intoxicated driver. Hoag, who had just consumed a large number of drinks, had just left the Peoples Restaurant bar (Peoples) when the accident occurred. The trial court entered a summary judgment for Peoples, on the failure of Sabo to show that the vendor had knowledge that Hoag was an alcoholic. Evidence in the summary judgment proceeding reflects that Hoag testified that he was an alcoholic at the time of the accident and that, for the two years prior to the accident, he regularly consumed a case of beer a day while on his construction job. Hoag also testified that, for the four months prior to the accident, he went to Peoples twice a week after work; that he would drink hard liquor each evening at Peoples or another bar near his residence until he became intoxicated; and that, even though he got drunk every time he went to Peoples, the bartenders never refused to serve him, despite his slurred speech, red eyes, and unsteady appearance. According to Hoag, the bartenders knew him well, frequently started pouring his favorite drink as soon as he came through the door, and, even though it was against Peoples’ happy hour policy, always poured him doubles. Hoag testified that on the night of the accident he had been served the equivalent of twenty shots of hard liquor and was so intoxicated that he did not recall leaving the bar, eating dinner, whether he had had an argument with his girlfriend, or much about the accident itself.
Based on this record, the district court vacated the summary judgment, concluding that “there was sufficient evidence adduced to permit a jury to conclude that Hoag was habitually addicted to alcohol. We also think the circumstantial evidence adduced was sufficient to permit a jury to find that the employees of Peoples knew of Hoag’s addiction, based on his repeated behavior and appearance.” Sabo, 566 So. 2d at 269. We agree with the district court and, for the reasons expressed in Ellis, approve its decision in the instant case.
It is so ordered.
SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
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Coker v. Wal-Mart Stores, Inc., 642 So. 2d 774 (Fla. 1st DCA 1994)…nces were per curiam affirmed by this court in Fordham v. State, 619 So. 2d 955 (Fla. 1st DCA 1993). . Under analogous circumstances, the Florida Supreme Court in Ellis v. N.G.N. of Tampa, 586 So. 2d 1042 (Fla.1991), and Peoples Restaurant v. Sabo, 591 So. 2d 907 (Fla.1991), considered the liability of liquor vendors who sold alcoholic beverages in contravention of section 768.125, Florida Statutes. The habitual drunkards to whom those beverages were unlawfully sold became intoxicated and were involved in au…
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Evans v. McCABE 415, Inc., 168 So. 3d 238 (Fla. 5th DCA 2015)…048. In addition, the court stated “that this element can properly be established by circumstantial evidence.”4 Id. at 1048-49 (citing Sabo v. Shamrock Commc’ns, Inc., 566 So. 2d 267, 269 (Fla. 5th DCA 1990), approved sub nom. Peoples Rest. v. Sabo, 591 So. 2d 907 (Fla.1991)). In opposition to the motion for summary judgment filed by McCabe, Evans filed sworn affidavits and deposition transcripts from Decedent’s girlfriend and family members attesting to Decedent’s regular attendance at McCabe and his excess…
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Roster v. Moulton, 602 So. 2d 975 (Fla. 4th DCA 1992)…erages to a habitual drunkard. Notably, the supreme court in Ellis v. N.G.N. of Tampa, Inc., 586 So. 2d 1042 (Fla.1991), held that knowledge could be demonstrated with circumstantial evidence. Id. at 1048; see also Peoples [*976] Restaurant v. Sabo, 591 So. 2d 907 (Fla.1991). While we recognize that the facts in Ellis and Sabo are more compelling than those at bar, we hold that the evidence adduced at the summary judgment hearing, which included expert witness affidavits,2 created an issue of fact as to whet…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ellis v. N.G.N. OF Tampa, Inc., 586 So. 2d 1042 (Fla. 1991)
- Ellis v. N.G.N. OF Tampa, Inc., 561 So. 2d 1209 (Fla. 2d DCA 1990)
- Sabo v. Shamrock Commc'ns, Inc., 566 So. 2d 267 (Fla. 5th DCA 1990)