2024 Cases and News

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March Update

The Florida Supreme Court recently ruled that the action permitted under section 768.125, Florida’s Dram Shop Law, permits an action sounding in negligence and not an intentional tort. The statute provides for a claim of liability when a person willfully and unlawfully provides alcohol to an underage patron and intoxication and injury ensue. As a result, the court opined that Florida’s comparative fault statute applies to the apportionment of damages in this negligence cause of action. Boyd Richards Parker Colonnelli partner, Elaine Walter, wrote an amicus brief on behalf of the Florida Defense Lawyers Association which was filed with the Court in support the prevailing position.

Read the decision here: https://supremecourt.flcourts.gov/content/download/2013244/opinion/Opinion_SC2022-0910.pdf