In a divided ruling, the majority of a First District Court of Appeals panel sided with a Tallahassee bar that argued it should have been allowed to assert a comparative fault defense at trial, thus rejecting a $28.6 million judgment in favor of an intoxicated pedestrian who was struck by an intoxicated driver.

Jacquelyn Anne Faircloth, who was 18 in November 2014, was unlawfully served alcohol at Cantina 101, while then-20-year-old Devon Dwyer was also drinking underage at Potbelly’s, a bar near Florida State University, where he was employed. Both Faircloth and Dwyer were intoxicated when they left their respective bars around 2 a.m., according to the 2-1 majority opinion, issued Wednesday.

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