Trial Magazine

Patrick Osmond and some friends went to a local Applebee’s restaurant. Although the young men were under 21, the bartender served Osmond, 20, a pitcher of beer. Osmond’s friends, including the 20-year-old driver, Joseph Raub, also drank the beer. The men later left in Raub’s pickup truck, with Osmond sitting in the truck bed. Raub lost control of the truck, which crashed into a tree. Osmond was ejected, and he suffered a subluxation at C5-6, resulting in incomplete quadriplegia.

Now 24, Osmond has limited strength and movement in his arms and no movement or feeling in his legs. He uses a wheelchair and requires assistance with most daily living activities. His past medical expenses totaled about $445,000, and his future life care costs are estimated at $15 million. He wanted to pursue a military career but now plans to study audio engineering.

Osmond sued the franchise owner under Florida’s dram shop act, which provides for civil liability based on the willful and unlawful provision of alcohol to minors under 21. Raub’s blood-alcohol level after the crash was measured at .041 percent. The plaintiff offered evidence based on witness testimony by underage patrons that in the two years prior to the crash, the restaurant had served minors on about 70 occasions.
The defendant argued that it had not served the driver and that Osmond had used a fake ID.

The plaintiff countered that it was foreseeable that placing a pitcher of beer in front of a group of underage patrons would result in the beer being shared among them. Osmond denied using or having a fake ID.

The defense’s toxicologist testified that Raub had consumed the equivalent of one mug of beer, which would not have impaired his driving. But the plaintiff demonstrated that impairment begins and is hazardous at very low blood-alcohol content levels.

Finally, the defendant argued that the plaintiff was negligent in drinking and getting into the bed of the pickup truck knowing that Raub had been drinking.

The jury allocated fault at 40 percent to Raub, 40 percent to the plaintiff, and 20 percent to the franchise owner. The jury then awarded about $42 million. After allocation of fault, the defendant was responsible for $8 million.

The parties reportedly reached a confidential postverdict settlement.

Citation: Osmond v. Neighborhood Rest. ­Partners Fla., LLC, No. CA-13-2125 (Fla. Cir. Ct. Hernando Cnty. Apr. 22, 2016).

Plaintiff counsel: AAJ member Thomas D. Roebig Jr., Wil H. Florin, and Shaun Cummings, all of Palm Harbor, Fla.; and Frank Miller, Brooksville, Fla.