CourtCases2010

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Unformatted text preview: ereafter, Lopez picked up Jennifer Bennett and Melissa Coile. Approximately three hours later, Lopez was involved in an accident which injured Bennett and Coile. n1 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n1 At the time of the accident, Lopez was of legal drinking age. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - The plaintiffs filed an amended complaint seeking to hold Godfather's liable. [**2] Count I of the amended complaint was for negligence, Count II was for punitive damages, Count III and IV were for parents' claim for loss of services, Count V was for 28 negligent supervision, Count VI was for negligent hiring and retention, Count VII was for breach of statute, Count VIII was for negligent entrustment, and Count IX was for attractive nuisance. The trial court dismissed all counts of the complaint with prejudice, except for Count VII (breach of statute), n2 for failure to state a cause of action. The plaintiffs appeal the dismissal of Counts I-V, Count VI (only as to negligent retention), and Count VIII. - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n2 The trial court eventually entered a final summary judgment as to Count VII. - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - Florida [*1353] does not recognize a cause of action against an establishment that furnishes or sells alcoholic beverages to an adult whose own negligence subsequently causes injuries to himself or others as a result of his intoxication. See Barnes v. B.K. Credit Serv., Inc., 461 So. 2d 217 (Fla. 1st DCA), petition [**3] for rev. denied, 467 So. 2d 999 (Fla. 1985); Reed v. Black Caesar's Forge Gourmet Restaurant, Inc., 165 So. 2d 787 (Fla. 3d DCA 1964), cert. denied, 172 So. 2d 597 (Fla. 1965); see also § 768.125, Fla. Stat. (1985). The rationale for not holding the establishment liable is that "the voluntary drinking of the alcohol, not the furnishing of [the alcohol], [is] the prox...
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