MAIN STREET ENTERTAINMENT v. FAIRCLOTH

No. 1D19-4058.

342 So.3d 232 (2022)

MAIN STREET ENTERTAINMENT, INC., d/b/a Potbelly's, Appellant, v. Guardianship of Jacquelyn Anne FAIRCLOTH, Appellee.

District Court of Appeal of Florida, First District.

February 9, 2022.


Attorney(s) appearing for the Case

Raoul G. Cantero and David P. Draigh of White & Case LLP, Miami; Angela C. Flowers of Kubicki Draper P.A., Ocala, for Appellant.

Donald Hinkle of Hinkle & Foran, Tallahassee; Mark Avera of Avera & Smith, LLP, Gainesville; David J. Sales and Daniel R. Hoffman of David J. Sales, P.A., Sarasota, for Appellee.

Kenneth B. Bell of Gunster, Yoakley & Stewart, P.A., Tallahassee; William J. Schifino and John A. Schifino of Gunster, Yoakley & Stewart, P.A., Tampa, for Amici Curiae Florida State University Board of Trustees and University of Florida Board of Trustees, in support of Appellee.


This case involves apportionment of liability following a tragic incident where a driver struck a pedestrian. The driver had been served alcohol at a bar, in spite of the fact that he was underage. The pedestrian had also been served alcohol at a different bar, in spite of the fact that she too was underage. The pedestrian sued both...

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