Guardianship of Jacquelyn Anne Faircloth v. Main Street Entertainment, Inc.

The Florida Supreme Court answered a certified question of great public importance, holding that a claim under the underage-drinker exception to the dram shop statute, section 768.125, is a 'negligence action' subject to the comparative fault statute, section 768.81, notwithstanding the statute's 'willfully and unlawfully' requirement. The Court reasoned that 'willfully' means only that the vendor knew the purchaser was underage, which does not convert the claim into an intentional tort requiring intent to injure or substantial certainty of harm. The Court expressly declined to approve or disapprove the First District's 'derivative liability' analysis of how fault may be apportioned among bars and underage patrons.

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