PEARCE v. DESCHESNE

No. 4D05-2983.

932 So.2d 640 (2006)

Gary PEARCE, Appellant, v. Jeanette DESCHESNE, Appellee.

District Court of Appeal of Florida, Fourth District.

July 12, 2006.


Attorney(s) appearing for the Case

Robert Garven, Coral Springs, and Charles Mancuso of Thomas & Pearl, Fort Lauderdale, for appellant.

Nancy W. Gregoire and Matthew D. Klein of Bunnell Woulfe Kirschbaum Keller McIntyre Gregoire & Klein, P.A., Fort Lauderdale, for appellee.


FARMER, J.

While consuming a half-dozen alcoholic drinks—one of which was "filled all the way up to the top" with vodka—prepared and given to him by defendant—plaintiff was also engaged in trimming her trees, a job he was hired and paid to do by defendant. The job encompassed some high branches, accessible only by climbing the tree and reaching them with a chain saw. Three hours into the job, he was admittedly intoxicated if not "drunk"—...

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