Florida Jury Awards $5.6 MM For Alcohol-Fueled Pool Party Injury
A Florida jury awards $5.6 million for a spinal cord injury sustained during an alcohol-fueled pool party at the Retreat in Gainesville. According to the Complaint, the Defendant, Retreat at Gainesville, LLC, hosted a St. Patrick’s Day event and provided free beer at the Retreat on March 17, 2017. Promotional materials for the event encouraged attendees to bring their beer and did not mention any age restrictions.
Upon arriving at the pool, no one asked Massey for identification. Although underage, retreat employees welcomed him to the event by encouraging him to consume beer from unmanned kegs around the pool.
Witnesses testified that underage drinking was common at The Retreat Gainesville pool parties. Despite warnings to management by a community ambassador, nothing was done to control or monitor underage drinking during the pool parties. Testimony revealed employee focus was limited to prohibiting glass in the pool area rather than curtailing underage drinking.
Massey sued University Chevron, the Retreat at Gainesville, and Top Tier Entertainment. Ultimately, Top Tier Entertainment was released from the case via summary judgment before trial.
Massey’s counsel initially made a social host liability claim against the Retreat. However, the judge ruled the social host liability law did not apply because the pool area was not considered residential premises.
Massey’s counsel argued that the Retreat provided alcohol to Massey, a minor, without checking for identification. Counsel argued the Retreat created an environment that encouraged guests to drink. To support this argument, counsel presented promotional materials and videos that the Retreat filmed during previous parties on the premises depicting wild free-for-alls.
Massey’s counsel argued inadequate supervision was lacking at the party. Counsel claimed the retreat knew there were drunk people near the swimming pool and should have hired a lifeguard to patrol the area.
Massey’s counsel retained Dram Shop Expert Preston Rideout to opine on pool party operations, responsible alcohol service, and security risk management techniques to prevent alcohol-related pool party injuries.
The jury found University Chevron, Retreat at Gainesville, and Massey himself were all responsible for Massey’s injuries assigning 20% liability to the Retreat, 30% to University Chevron, and 50% to Massey.
If you or someone you know is the victim of an alcohol-related personal injury, please have an attorney Contact Cayuga Hospitality to retain one of our elite operators to provide expert witness testimony on your behalf.
