Florida Law Weekly – March 8, 2019

Kempton v. McComb. – 5^th DCA
This case addresses Florida Statute §768.36, which creates an alcohol or drug defense. This defense completely bars a plaintiff’s recovery if, at the time the plaintiff was injured, the plaintiff was under the influence of alcohol or drugs such that his/her normal faculties are impaired and if, as a result of the influence, the plaintiff is greater than 50% at fault for his/her own harm. In this case, while the jury found that the plaintiff was more than 50% at fault and that his blood alcohol was above the legal limit, because the jury did not find that the plaintiff’s fault was due to the intoxication, the defense was not applicable.