Larry Joe Sillaway, as personal representative of the Estate of Larry James Gray Sillaway, deceased; and Dawn Marie Edgerton v. Brandon Crossroads Bowl, Inc. d/b/a Brandon Crossroads Bowl; and Boje Enterprises, Inc.
In a dram shop case under section 768.125, the Second DCA affirmed dismissal with prejudice of an amended complaint that swapped the identity of the intoxicated driver, holding the amendment did not relate back under rule 1.190(c) because it rested on a brand new factual narrative rather than a supplement to the original one. The court distinguished the medical-negligence relation-back line (Cinque and Maraj) on the ground that dram shop liability under section 768.125 is derivative rather than vicarious, so changing the driver also changed the core allegation of what the vendor knew. It alternatively affirmed on the independent ground that the eight-year-delayed amendment would have unfairly prejudiced the defendant given lost evidence and the death of a key witness.
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