“Picking up the Pieces: Making the Jury Aware of the Draconian Consequences Florida’s Intoxication Defense Law Seeks to Impose on Plaintiffs,” Florida Justice Association Journal

By Diana L. Martin, Leslie M. Kroeger, and Theodore J. Leopold

Now that plaintiffs no longer have the shield provided by the Florida Supreme Court in D’Amario v. Ford, 806 So. 2d 424 (Fla. 2002), the sword provided to defendants by the legislature in section 768.36, Florida Statutes, commonly referred to as the intoxication defense, has much greater potential to be deadly. Therefore, it is essential that a jury be made aware of the effect that its verdict will have if it finds a plaintiff was primarily at fault for his or her own injuries as a result of intoxication.

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