Burns v. Three of a Kind, Inc.

District Court of Appeal of Florida

Burns v. Three of a Kind, Inc.

439 So. 2d 1004, 1983 Fla. App. LEXIS 22758

District Court of Appeal of Florida·Decided October 27, 1983·No. No. 82-1712·Published·Cited by 2 cases

Opinion

DAUKSCH, Judge.

This is an appeal from a summary judgment in a personal injury case. The judgment was entered based essentially on the pleadings. We reverse.

Appellant sued appellee and alleged ap-pellee owns a bar and served alcohol to a person who appeared to be a minor and was a minor. Appellant said appellee knew or should have known the person was a minor. It is also alleged that the alcohol caused the minor to become intoxicated and impaired to the extent he could not safely operate a car. Appellant also alleged appellee knew or should have known the minor would drive the car after being served the alcohol. Appellant finally alleges that as a result of appellee having unlawfully sold the alcoholic beverages to the minor that the minor injured appellant when he ran a red light and collided with appellant’s car.

Section 768.125, Florida Statutes (1981) was in effect at the time the injury occurred and that statute says a person who furnishes alcohol to a minor may be liable to anyone suffering injuries as a result of the intoxication of the minor.¹ Based upon this statute and in consideration of the allegations in the complaint we must conclude [1005] that it was error to enter the summary judgment. See Stevens v. Jefferson, 436 So.2d 33 (Fla.1983); Willis v. Strickland, 436 So.2d 1011 (Fla. 5th DCA 1983); Fitzer v. Forlaw, 435 So.2d 839 (Fla. 4th DCA 1983); Barber v. Jensen, 428 So.2d 770 (Fla. 4th DCA 1983); Migliore v. Crown Liquors of Broward, Inc., 425 So.2d 20 (Fla. 4th DCA 1982); Burson v. Gate Petroleum Co., 401 So.2d 922 (Fla. 5th DCA 1981).

REVERSED and REMANDED.

ORFINGER, C.J., and COWART, J., concur.

Footnotes

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DAUKSCH, Judge.

This is an appeal from a summary judgment in a personal injury case. The judgment was entered based essentially on the pleadings. We reverse.

Appellant sued appellee and alleged ap-pellee owns a bar and served alcohol to a person who appeared to be a minor and was a minor. Appellant said appellee knew or should have known the person was a minor. It is also alleged that the alcohol caused the minor to become intoxicated and impaired to the extent he could not safely operate a car. Appellant also alleged appellee knew or should have known the minor would drive the car after being served the alcohol. Appellant finally alleges that as a result of appellee having unlawfully sold the alcoholic beverages to the minor that the minor injured appellant when he ran a red light and collided with appellant’s car.

Section 768.125, Florida Statutes (1981) was in effect at the time the injury occurred and that statute says a person who furnishes alcohol to a minor may be liable to anyone suffering injuries as a result of the intoxication of the minor.¹ Based upon this statute and in consideration of the allegations in the complaint we must conclude [1005] that it was error to enter the summary judgment. See Stevens v. Jefferson, 436 So.2d 33 (Fla.1983); Willis v. Strickland, 436 So.2d 1011 (Fla. 5th DCA 1983); Fitzer v. Forlaw, 435 So.2d 839 (Fla. 4th DCA 1983); Barber v. Jensen, 428 So.2d 770 (Fla. 4th DCA 1983); Migliore v. Crown Liquors of Broward, Inc., 425 So.2d 20 (Fla. 4th DCA 1982); Burson v. Gate Petroleum Co., 401 So.2d 922 (Fla. 5th DCA 1981).

REVERSED and REMANDED.

ORFINGER, C.J., and COWART, J., concur.

Footnotes

Burns v. Three of a Kind, Inc., 439 So. 2d 1004, 1983 Fla. App. LEXIS 22758 (Fla. Ct. App. 1983).

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Opinion

Footnotes

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