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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