In a significant victory for retailers and business owners, Hamilton, Miller & Birthisel, LLP (HM&B) successfully defended R & J Enterprises of Tampa, Inc., d/b/a Stop N Shop, and its owners, Jamila and Yadira Jaber, in the Florida Second District Court of Appeal. The case, Sowards v. R & J Enterprises of Tampa, Inc., stemmed from a tragic 2013 automobile accident where Plaintiff Virginia Sowards, then under the legal drinking age, allegedly purchased an alcoholic beverage (Four Loko) from the store, consumed it, and caused a fatal crash while intoxicated. Sowards sued under Florida’s dram shop statute, claiming the store willfully sold alcohol to her as a minor without checking ID, leading to the accident. After the trial court granted summary judgment in favor of HM&B’s clients—citing insufficient evidence of a willful sale, impermissible stacking of inferences, and statutory defenses barring recovery due to Sowards’ intoxication and involvement in a forcible felony—Plaintiff appealed. HM&B crafted a compelling answer brief that dismantled Plaintiff’s arguments on appeal. The appellate court affirmed the judgment, holding that Sowards failed to present genuine issues of material fact on willfulness and that her claims relied on speculative inferences. Additionally, Florida Statutes § 768.36 (alcohol defense) and 776.085 (forcible felony defense) precluded her recovery, as her actions constituted manslaughter. This ruling underscore HM&B’s expertise in high-stakes litigation involving premises liability and alcohol sales regulations. By securing this affirmance, HM&B protected its clients from potential damages and punitive claims, demonstrating our commitment to robust defense strategies that deliver results. Jerry D. Hamilton, Michael J. Dono, Robert J. Bowden, and Omari Sinclair were the HM&B attorneys who secured the favorable result.
