White V. Gibbs Case Study

Abstract In the case of White v. Gibbs, the plaintiff, Mrs. Debbie White, sued O’Malley’s Tavern alongside Patrick Gibbs. Gibbs served as bartender at the tavern during the night in question. Mrs. White seeks settlement under the state of Indiana’s Dram Shop Act. Under the Dram Shop Act, a bartender assumes liability to any persons injured who were served alcohol while exhibiting obvious signs of intoxication (Todd, 1986). Since the two parties reside in different states, the case was brought to the United States District Court for the Northern District of Indiana. The defendants, Patrick Gibbs and O’Malley’s Tavern, sought summary judgment on their behalf. Mrs. White’s rebuttal was that the summary judgment should
Hard had a personal vendetta against Mr. White and had premeditated intent to cause harm to Mr. White. The defense’s vendetta theory offers that the Mr. Hard had intent to harm Mr. White regardless of intoxication, and that his behavior, up to the night in question, was indicative of his intent to cause Mr. White harm. In conclusion, the defense’s argued that Mr. Hard’s intoxication was not the proximate cause of Mr. White’s death because Mr. Hard had a premeditated malicious intent to harm Mr. White based on past events and actions.
The plaintiff’s counsel, Mr. Walsh and Ms. Babbitt, argued that the defense should not be granted summary judgment and that the case should move to a trial. The plaintiff’s counsel argues that it would have been impossible for the bartender to not recognize that Mr. Hard was visibly intoxicated. They also argue that Mr. Hard’s intoxication induced the reckless behavior that led to the death of Mr.
A biblical worldview bears greatly into the circumstances of this particular case. The entire case of White v. Gibbs revolves around alcohol, and the responsibility that comes with consuming it. Personally, I am not opposed to drinking alcohol. However, I do believe that the decision to drink alcohol comes with an even greater responsibility. It is up to the person who consumes the alcohol to realize when they are becoming inebriated to a point in which their ability to make sound decisions is being impaired. There are various verses in the Bible that do not condemn drinking in moderation, but caution against being drunk, such as, “and do not get drunk with wine, for that is debauchery, but be filled with the Spirit”, (Ephesians 5:18 ESV) and “Deacons likewise must be dignified, not double-tongued, not addicted to much wine, not greedy for dishonest gain” (1 Timothy 3:8 ESV). In my opinion, Mr. Hard, Patrick Gibbs, and O’Malley’s Tavern are all equally at fault in this case. Patrick Gibbs and O’Malley’s Tavern made the decision to continue serving Mr. Hard after he had been drinking heavily. Mr. Hard chose to continue drinking and to pursue the Whites out into the parking lot. All of the combined actions ultimately and unfortunately rendered the results presented in this case and the death of Mr.