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ARTICLE ID 27771
- DRAM SHOP ACTION - ALLEGED SALE OF BEER TO UNDERAGE PATRON - FAILURE TO PROPERLY CHECK p73 IDENTIFICATION - INTERSECTIONAL COLLISION - PARAPLEGIA TO 19-YEAR-OLD PLAINTIFF WHILE RIDING IN BACK OF PICK-UP TRUCK.
Duval County
This was a liquor liability (dram shop) action brought by the
male plaintiff, age 19 at the time of injury, against the
defendant owner of a convenience store/gas station. The plaintiff
contended that the defendant sold beer to an underage patron in
violation of Florida law. As a result, the plaintiff claimed that
the patron disregarded a stop sign and caused an intersection
collision which left the plaintiff a permanent paraplegic. The
defendant denied selling beer to the individual in question and
maintained that alcohol was not a factor in causing the accident.
The plaintiff contended that his friend, who was 19 years old at
the time, purchased two six packs of beer at the defendants
Duval County store. The plaintiff and his three friends then got
into a pick-up truck with the plaintiff and another young man
riding in the back bed of the truck. The driver of the truck
drove through a stop sign and an intersection collision ensued.
The plaintiff slid in the back of the truck and struck his back
against the side of the back bed.
The plaintiffs expert toxicologist opined, based on the
testimony of the boys involved, that the driver of the pick-up
truck was intoxicated at the time of the collision. This expert
opined that the driver of the pick-up truck had consumed from
five to seven beers prior to the accident.
The plaintiffs friend testified that he purchased the beer at
the defendants store. A second boy testified that he waited in
the truck while the purchaser went into the defendants store and
came out with the beer. The purchaser also testified that he
sometimes used an expired military photo-identification to
purchase beer. The identification card belonged to the
purchasers brother who was 20 months older than the purchaser.
The purchaser also testified that he frequently purchased beer at
several Duval County stores at various times, including some
stores where the clerks were friends of his.
The plaintiff was rendered a permanent paraplegic as a result of
the accident and is unable to move from the waist down. His life
care expert testified that the plaintiff will require continuing
care for the remainder of his life. The plaintiffs future life
care expenses were estimated to be in excess of $2 million. The
plaintiff had quit high school and was not employed at the time
of the accident. The plaintiffs economist estimated the
plaintiffs loss of earnings as approximately $________.
The defendant denied that it sold beer to the individual in
question and argued that if the sale was made, it was not
willful (as required under Florida statute) because the
plaintiffs friend used false identification to make the
purchase. The defense also maintained that there was no evidence
that the plaintiffs friend (the driver of the pick-up truck) was
intoxicated on the night in question. The defense contended that
the stop sign was obscured by a branch and that the accident was
not the result of alcohol consumption. Evidence showed that a
field sobriety test taken by the driver of the pick-up truck
showed that the driver was not impaired at the scene.
Additionally, a blood alcohol test of the plaintiffs blood taken p 7 3
at the hospital shortly after the accident showed minimal alcohol
content of less than .01%.
The jury found for the defendant.
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- Determine if a case is winnable and recovery amounts.
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