O'Neale v. Hershoff

I respectfully dissent.

The majority opinion determines that the trial court interpreted section 768.125, Florida Statutes (1991), too narrowly and entered summary judgment prematurely. Since section 768.125 is a limiting statute, and since the appellant had ten months to allege facts sufficient to withstand the motion for summary judgment, I respectfully dissent.

Appellees are the franchisee/owner and related parties of the service station at which Lou Last, a minor, purchased beer. Appellant, Sondra O’Neale, is the parent and guardian of the minor who was a passenger injured in an automobile…