A Florida jury has ordered the operator of a bar that allegedly served two dozen drinks to a patron who later struck a pedestrian with his pickup truck to pay more than $30.8 million to the pedestrian.
Facts and Allegations
Jacquelyn Faircloth, an 18-year-old high school student, was struck by a pickup truck as she walked back to Florida State University after drinking at the Cantina 101 Restaurant and Tequila Bar. Ms. Faircloth was under the legal drinking age of 21 and allegedly had used her regular identification but was able to enter the bar and consume alcohol.
The pickup truck driver was a 20-year-old employee of Potbelly's, another local bar, who allegedly consumed alcoholic beverages there. He later was convicted of a hit-and-run with injury.
Ms. Faircloth's guardian sued the operator of Potbelly's, Main Street Entertainment Inc., alleging that it had willfully and unlawfully served the pickup truck driver.
The plaintiff's counsel admitted that Ms. Faircloth's intoxication was a contributing cause of the accident, but maintained that the pickup truck driver also had been drinking heavily prior to the accident.
The plaintiff's counsel presented bar tabs from Potbelly's showing that the driver had purchased 18 beers and six bourbons in the four hours prior to the crash.
The defense admitted that it had knowingly served alcohol to the underage driver. However, the defense disputed whether the driver was intoxicated. The defense maintained that the driver had not consumed all of the alcohol he had purchased. The driver claimed that he only had four or five beers that night.
Result
The jury determined that the pickup truck driver was intoxicated at the time of the accident and that his intoxication was a contributing legal cause of Ms. Faircloth's injuries.
The jury awarded Ms. Faircloth $30,840,015.51.
The case is Guardianship of Faircloth v. Cantina Tallahassee, LLC, No. 2015 CA 002778 (Fla. Cir. Ct. Leon Co. Aug. 23, 2019). Attorneys involved include: Mark A. Avera; Avera & Smith, LLP; for Jacquelyn Anne Faircloth; Donald M. Hinkle; Hinkle & Foran; for Jacquelyn Anne Faircloth; Michael J. Carney; Kubicki Draper; Fort Lauderdale, FL for Main Street Entertainment Inc.; Brian E. Chojnowski; Kubicki Draper; Tallahassee, FL for Main Street Entertainment Inc.
Insurance Coverage Law Center Comment
This report is based on information that was provided by plaintiff's counsel and Main Street Entertainment's counsel. Additional information was gleaned from court documents. The remaining defendants' counsel was not asked to contribute.
Additional information was gleaned from court documents and village council court minutes.
See the full detailed report from our ALM partner, VerdictSearch.com.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].