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New Trial Awarded to Defendant in Dram Shop Case

Angela Flowers, of our Ocala office, prevailed in Main Street Entertainment, Inc. v. Guardianship of Faircloth, 2022 WL 390775 (Fla. 1st DCA Feb. 9, 2022), and succeeded in obtaining a new trial for our client. The case arose out of an auto accident wherein the plaintiff, an underage pedestrian who had been served alcohol at a bar, was struck by an underage driver who had been served alcohol at a different bar.  The plaintiff alleged both bars were liable for the accident, and she sued both establishments. A trial was held, with the trial court prohibiting one of the bars from asserting a comparative fault defense under §768.81, Fla. Stat., and an “alcohol defense” under §768.36(2), Fla.Stat.. The First District reversed holding that such defenses should have been allowed, and remanded for a new trial.

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