Pensacola Partner, Grayson Miller, obtained summary final judgment in favor of a restaurant in a dram shop case involving three separate claims: a wrongful death claim and two personal injury claims, brought after an intoxicated minor caused a single-car accident which killed the driver and injured the two passengers.
Plaintiffs pursued a case pursuant to Florida’s dram shop statute alleging the Defendant restaurant “willfully and unlawfully” sold or furnished alcoholic beverages to a minor. Post-mortem blood alcohol revealed the driver’s blood alcohol levels were at least .24 or more than 3x the legal limit to drive from someone of age to drink alcohol.
Plaintiffs brought claims against Defendant restaurant where Plaintiffs had dined immediately prior to the accident. However, the Court granted Defendant’s motion for summary final judgment on all three claims finding no genuine dispute of fact that the minor driver was never “willfully and unlawfully” sold or furnished alcohol by Defendant restaurant, and Plaintiffs’ arguments to the contrary failed to comply with the heightened proof requirements of Florida’s dram shop law and/or required an improper stacking of inferences.
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