Florida Partner Obtains Dismissal in Dram Shop Case

Tampa, Florida Partner A. Michael Perotti recently prevailed on behalf of our Fort Myers restaurant client following a dram shop lawsuit filed against them in the Twentieth Judicial Circuit Court of Florida for Lee County.

In January 2020, Plaintiff, an underage individual, allegedly fell from the top level of a six-story parking garage located on a university campus after attending a fraternity party hosted at our client’s restaurant. Plaintiff sustained significant permanent injuries as a result of their fall, including injuries to their legs, feet, back and pelvic area. Subsequently, Plaintiff filed suit against our client alleging violation of Florida’s statute regarding the sale of alcoholic beverages to underage patrons.

During the non-binding arbitration hearing, our defense counsel argued there was insufficient evidence that our client’s employees knowingly and willfully served Plaintiff alcohol, and instead, that Plaintiff improperly obtained alcohol from other patrons that evening. Defense also contended that our client took reasonable security measures to prevent underage drinking in their establishment.

Following the January 2025 arbitration hearing, a comprehensive decision was rendered in favor of our client and subsequently Plaintiff dismissed our client from their lawsuit.

Michael Perotti focuses his legal practice on general liability matters, with an emphasis on premise liability. He handles third-party insurance defense claims, on a range of matters including personal injury, wrongful death, commercial disputes and breach of contract.