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

Summary

The court held that a claim under the underage-drinker exception to Florida's dram-shop statute is a negligence action for purposes of the comparative-fault statute. The statutory willfulness requirement concerns the vendor's knowledge that the purchaser is underage, not an intent to injure or certainty that injury will occur, so it does not convert the claim into an intentional tort. The court approved the district court's decision to that extent but did not decide how fault should be allocated among vendors and underage patrons.