Legal Opinion

Stephanie De La Torre, Humberto Miranda, and Carla Gallardo v. Flanigan's Enterprises, Inc., d/b/a Flanigan's Bar and Grill

District Court of Appeal of Florida

Decided March 9, 2016No. 4D15-195PublishedCited by 2 opinions

1Opinion of the CourtForst, J.

Appellants Stephanie de la Torre, Humberto Miranda; and Carla Gallardo were injured when their vehicle was hit by a drunk driver (“Driver”). Appellants filed a complaint against Appellee Flanigan’s Enterprises, which owns and operates the restaurant at which Driver had been drinking. The trial court dismissed the suit, finding that section 768.125, Florida Statutes (2011), . insulated businesses from liability for damages caused by intoxicated patrons and therefore precluded the action. Appellants now appeal this dismissal,. arguing Appellee’s actions on the night of the accident constituted…

2Cases cited12 opinions

  1. Wallace v. DeanSupreme Court of Florida · 2009
  2. Pollock v. Florida Dept. of Highway PatrolSupreme Court of Florida · 2004
  3. Boynton v. BurglassDistrict Court of Appeal of Florida · 1991
  4. Union Park Memorial Chapel v. HuttSupreme Court of Florida · 1996
  5. Ellis v. NGN of Tampa, Inc.Supreme Court of Florida · 1991

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3Cited by2 opinions

  1. DISCOUNT TIRE CO. vs TAMMY BRADFORD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL BLAZE BRADFORD, DECEASED; AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WARREN MICHAEL BRADFORD, DECEASEDDistrict Court of Appeal of Florida · 2023
  2. RBG Plastic, LLC v. Disability:InDistrict Court, S.D. Florida · 2024

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