Candy Messersmith and Joseph Metzger obtained a favorable appellate ruling on behalf of Brandon Crossroads Bowl, Inc. and Boje Enterprises, Inc. before Florida’s Second District Court of Appeal.

The dram shop case arose from a 2014 motor vehicle accident involving patrons who had been drinking at Brandon Crossroads Bowl before leaving the premises.

The plaintiffs later sought to amend their complaint to change the identity of the alleged driver and assert new factual allegations concerning Brandon Crossroads’ knowledge of that individual’s alleged habitual alcohol use.

Brandon Crossroads argued that the amended claims introduced a new factual theory and did not relate back to the original complaint. The Second District agreed, concluding that the amendment relied on a different factual narrative and that allowing it years into the litigation would unfairly prejudice the defendants.

The court affirmed the judgment in favor of Brandon Crossroads.

Candy Messersmith and Joseph Metzger represented Brandon Crossroads Bowl, Inc. and Boje Enterprises, Inc. on appeal.

Read the full opinion: Sillaway v. Brandon Crossroads Bowl, Inc

The plaintiff claimed neck and back injuries from a rear-end collision that occurred on August 17, 2022. Plaintiff’s counsel asked the jury to award just under $1 million in damages. The trial team led by partner Joe Metzger overcame Florida law’s presumption of negligence against a rear-end driver and convinced the Polk County jury there was no negligence on the part of the defendant driver.