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Sipes v. Albertson's Inc.

728 So. 2d 1243 (1999)

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Sipes v. Albertson’s Inc.

Florida District Court of Appeal

728 So. 2d 1243 (1999)

Facts

Roy Stamey was under the age of 21 when he purchased alcohol from Albertson’s Inc. (defendant). Stamey seemed to be under 21 in both appearance and mannerisms but was still sold alcohol by Albertson’s. The next day, Stamey became intoxicated and got into an altercation with his stepfather. His stepfather ultimately shot Stamey, killing him. Stamey’s mother, Teresa Sipes (plaintiff), brought suit against Albertson’s for violating a Florida statute prohibiting the sale of alcohol to minors. The trial court dismissed Sipes’s complaint, stating that she could not show legal foreseeability. After the trial court’s decision, the Florida Court of Appeals heard a similar case and ruled that the issue of foreseeability should be determined by a jury. As a result of that ruling, Sipes moved for a rehearing of her case. The Florida Court of Appeals granted rehearing and withdrew its previous opinion issued in this case.

Rule of Law

Issue

Holding and Reasoning (Peterson, J.)

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