Tracy D. Camden
April 23, 2011
This court case took place in United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285, White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton, xxxxx Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern and Jackson Welch, Amanda Babot who represent the plaintiff Debbie White. The defendants Patrick Gibbs and O’Malley’s Tavern are seeking a summary judgment which is a procedural device used during civil litigation to promptly and expeditiously resolve a case without a trail. A judge grants summary judgment only if there are no disputes as to the material facts of the case and the party is entitle to judgment as a matter of law. (1) The defendants Patrick Gibbs and O’Malley’s Tavern claim there is no evidence to support that the bartender John Daniels saw any visual signs of intoxication from Edward Hart. This means the defendant isn’t subject to any legal wrong doing. The plaintiff Debbie White is requesting the court to deny the defendants request for summary judgment. The plaintiff claims there is evidence to show the bartender John Daniels saw visual signs that Edward Hart was intoxicated. The plaintiff claims that with the amount of alcohol Edward Hart had consumed in the time he was in the Tavern there would be noticeable visual signs that he was impaired. The plaintiff’s attorney claims there are four (4) factors of actual knowledge of intoxication which would point to visual signs of intoxication. Upon leaving O’Malley’s Tavern Edward Hart crashed his vehicle into the Plaintiffs vehicle causing harm to the Plaintiff and the death of her husband.
Based on the courtroom observations there appeared to be insuff evience to grant the defendant a summary judgment. The facts...