Estate of Tommie Lewis v. Werner Enterprises

Summary Judgment Motion on Alcohol and Drug Defense


Due to post mortem urine and blood samples positive for the inactive constituent of marijuana, Defendants assert a Florida statutory defense converting Florida's comparative negligence law to contributory negligence where the use of alcohol or drugs caused the victim to be greater than 50% at fault for his own injuries. Plaintiff in this case has filed this motion for partial summary judgment on this defense on the grounds that there is no evidence the victim was driving under the influence of marijuana at the time of the accident.

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | State, 11th Circuit, Florida | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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