Opinion
No. 79-2308.
January 28, 1981. Rehearing Denied July 8, 1981.
Appeal from Circuit Court, Palm Beach County; James F. Minnet, Judge.
Thomas E. Kingcade and Larry M. Mesches, of Levy, Plisco, Perry, Shapiro, Kneen Kingcade, P.A., Palm Beach, for appellant.
Robert T. Bergin, Jr., of Brennan, McAliley, Hayskar, McAliley, Deckert, P.A., West Palm Beach, for appellees.
AFFIRMED.
WESSEL, JOHN D., Associate Judge, concurs.
LETTS, C.J., specially concurring with opinion.
BERANEK, J., dissents with opinion.
I agree with the sentiment expressed by Judge Beranek in his dissent. However, that is not the law. Moreover, the Legislature has only recently passed a statute which completely protects anyone who sells or furnishes alcoholic beverages to someone of lawful drinking age.
This statute was not effective at the time of the accident here under consideration. We have resorted to the general law for the result.
In an era when even more severe legislation is being enacted to cut down on the evil of drunk driving, it is amazing that Section 768.125, Florida Statutes (1980 Supp.) was ever adopted.
I respectfully dissent. I believe there should be a civil cause of action based upon injuries arising from the commercial sale of liquor to an obviously intoxicated person who is known to be driving a car. I would reverse and remand for further proceedings which might include amendments to the pleadings.