Florida District Courts of Appeal, 1981

MacArthur v. Travelers Insurance Co.

Florida District Courts of Appeal · Decided January 28, 1981 · Beranek, John, Letts, Wessel

400 So. 2d 20; 1981 Fla. App. LEXIS 18688 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

WESSEL, JOHN D., Associate Judge, concurs. LETTS, C. J., specially concurring with opinion. BERANEK, J., dissents with opinion.

Concurring Opinion

LETTS, Chief Judge,

concurring specialty-

I agree with the sentiment expressed by Judge Beranek in his dissent. However, that is not the law. Moreover, the Legislature has only recently passed a statute which completely protects anyone who sells or furnishes alcoholic beverages to someone of lawful drinking age.1

In an era when even more severe legislation is being enacted to cut down on the evil of drunk driving, it is amazing that Section 768.125, Florida Statutes (1980 Supp.) was ever adopted.

. This statute was not effective at the time of the accident here under consideration. We have resorted to the general law for the result.

Dissenting Opinion

BERANEK, Judge,

dissenting.

I respectfully dissent. I believe there should be a civil cause of action based upon injuries arising from the commercial sale of liquor to an obviously intoxicated person who is known to be driving a car. I would reverse and remand for further proceedings which might include amendments to the pleadings.

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