Professor Hudson
BUSI 301 Fall
September 22, 2013
Courtroom Observation:
2008 1L Moot Court Tournament at the Liberty University School of Law, White V. Gibbs CA# -8776-CV285.
This case is between the (plaintiff) Mrs. White and the (defendants) Patrick Gibbs and Stand Alone Properties, L.L.C. as O’Malley’s Tavern. A Motion of Summary Judgment on behalf of O’Malley’s Tavern in the US District Court of Northern District of Indiana. Is being argued/presented.
Briefly; Mrs. White is suing the defendant Patrick Gibbs of O’Malley’s Tavern where as the bartender served Mr. Hard with alcoholic beverages which lead to his intoxication, thus getting into his vehicle, driving erratic chasing both Mrs. White and her husband (Bruno), striking their vehicle in the side, causing physical injuries to Mrs. White and killing her husband Mr. White.
The defendants are filing a Motion of Summary Judgment to resolve the lawsuit in their favor, whereas the plaintiff does not want the Motion of Summary Judgment granted and the lawsuit to go to trial with jury to recover damages from the defendants.
The lawyers for the defendants are: Benjamin Walton and Jordon Van Meter. As the Motion of Summary Judgment is being heard/presented by the dependents their attorneys will go first.
1. Attorney Benjamin Walton is arguing there is no evidence of “Actual Knowledge of Visible Intoxicfication” and that the court should grant this motion. The bartender (Mr. John Daniels) of O’Malley’s though charged 13 drinks to Mr. Hard’s account and yes did see Mr. Hard drink 11 of the beverages in a short period of time but, at no time' during the service did the bartender have “Actual Knowledge of Visible Intoxification” of Mr. Hard's under the Indiana’s Dram Shop Act, Indiana Code 7.1-5-10-15.5. Even though he tried to hit Mr. White on their leaving the establishment, lost his balance and fell. Mr. Hard was able to get up by himself with no