Torts — Negligence — Comparative fault — Automobile accident — Alcohol or drug defense — Trial court erroneously applied section 768.36 to completely bar plaintiff’s recovery where, although jury found that plaintiff was more than 50 percent at fault and that his blood alcohol level was 0.08 or higher, jury did not find that plaintiff’s fault was as a result of an alcoholic beverage as required by subsection 2(b) — If a party intends to rely on section 768.36 as a defense, the jury must make all of the statute’s required factual determinations
44 Fla. L. Weekly D611a
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index