MASTEC NORTH AMERICA v. MORAKIS

No. 4D18-1321.

288 So.3d 685 (2019)

MASTEC NORTH AMERICA, INC. and Robert W. Dumas, Appellants, v. Kathleen MORAKIS, as Limited Guardian of the Person and Property of Manuel Perez Garcia, Incapacitated, Appellee.

District Court of Appeal of Florida, Fourth District.

October 2, 2019.


Attorney(s) appearing for the Case

Alina Alonso Rodriguez and Wendy F. Lumish of Bowman and Brooke LLP, Miami; and Brian D. Equi and Francis E. Pierce, IV of Goldberg Segalla, LLP, Orlando, for appellants.

Andrew A. Harris of Burlington & Rockenbach, P.A., West Palm Beach; Steven Kuveikis of Steven Kuveikis, P.A., Jupiter; and John J. Wilke of The Law Office of John J. Wilke, Boca Raton, for appellee.


A young man traveling on a bicycle ("the plaintiff") was struck from behind by a van and suffered significant injuries. His guardian brought a negligence suit against the driver of the van and the driver's employer ("the defendants"). Based on a Florida statute barring relief to a plaintiff whose alcohol impairment causes him to be more...

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