NEWSOME v. HAFFNER

No. 97-3490.

710 So.2d 184 (1998)

Michelle M. NEWSOME, as Personal Representative of the Estate of Rachelle Mae Aguiar, Appellant, v. Max Joseph HAFFNER, Appellee.

District Court of Appeal of Florida, First District.

April 29, 1998.


Attorney(s) appearing for the Case

Samuel Hankin of Hankin & Hankin, Gainesville, for Appellant.

Eric Struble and David A. Cornell of Dell, Graham, Willcox, Barber, Jopling, Schwait, Gershow & Specie, P.A., Gainesville, for Appellee.


ALLEN, Judge.

The appellant challenges a final judgment by which a complaint was dismissed with prejudice, upon a determination that it failed to state a cause of action. We conclude that the complaint should not have been dismissed in its entirety, as a sufficient claim was made for social host liability under a theory of negligence per se, based on an alleged violation of § 856.015, Florida Statutes.

Commonly known as the "open house party" statute...

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