NO ERROR IN INSTRUCTING THE JURY ON SECTION 768.36 (DRUG AND ALCOHOL DEFENSE) IN A SUIT ALLEGING NEGLIGENCE PER SE BASED ON A VIOLATION OF THE OPEN HOUSE PARTY STATUTE
Strickland v. Allen, 50 Fla. L. Weekly D286 (Fla. 1st DCA Feb. 5, 2025):
The plaintiff (who was under 21) was seriously injured when the ATV she was driving crashed into a tree on defendant’s property.
The plaintiff testified that she drank vodka, that she had purchased with a fake ID, at the defendant’s house and also drank vodka from the defendant’s liquor cabinet with his implied permission at an open house party. She alleged that he knew she was drinking before she drove the ATV.
The defendant denied the allegations, testifying that while he hosted a social gathering, he did not provide alcohol to, nor did he allow any underage guests to consume alcohol at his residence.
The case addressed the interplay between Section 856.015, Florida Statutes (the open house party statute) and Section 768.36 (the alcohol or drug defense statute). The jury was instructed and given a special verdict form asking whether the defendant violated Section 856.015. There was also a second question on the verdict about whether the plaintiff was intoxicated to the extent her normal faculties were impaired under Section 768.36, and more than 50% at fault for her own harm.
The jury answered no to the first question, exonerating the defendant without reaching the drug and alcohol defense question.
The court explained that by enacting Section 856.015, the legislature imposed a duty of care on social hosts and created a civil cause of action for a statutory violation. It then noted that Section 768.36(2) states that in any civil action, a plaintiff may not recover damages for loss or injury if the trier of fact finds an impairment from drug or alcohol that made the plaintiff more than 50% at fault for the harm suffered.
The court found that the trial judge correctly gave the drug and alcohol defense instruction, but that it did not matter because the jury found the defendant was not liable.