Observation Paper

Topics: Law, Proximate cause, Judgment Pages: 4 (1537 words) Published: December 9, 2012
The court case I observed was the 2008 2L Moot Court Tournament at the Liberty University School of Law, Deborah White vs. Patrick Gibbs and O’Malley’s Tavern. The purpose of this court case was to determine whether or not it should be taken into a motion of summary judgement. The plaintiff in the case was Deborah White. White was represented by Amanda Babbitt and Jackson Walsh.  The defendants in this case are Patrick Gibbs; and O’Malley’s Tavern.  The representatives of the defendants were Benjamin Walton and Jordan Van Meter. Before summarizing the arguments of the plaintiff and the defendant, there will be a short summarization of the incident.

Mr. and Mrs. White entered O’Malley’s Tavern around 7:00 pm. Upon their arrival they were greeted by Edward Hard, Mrs. White’s previous fiancé. Hard congratulated the White’s on their recent marriage and continued to sit back down at his bar stool. Hard drank around eleven drinks that night within a two hour period. Within a thirty minute period of those two hours he had consumed four to six shots of liquor. The bartender did not see any physical signs of intoxication until after Hard had already consumed the last drink. According to the plaintiff and other witnesses at the bar, when the bartender stepped out of the room Hard knocked his stool over and fell to the ground. Before the bartender returned Hard was already up and looked fine. As the Whites were leaving Hard confronted them and said “She should be my wife.” and threw a punch. Hard missed and stumbled to the ground. Hard also said, “This is not over yet.” (Gumpresht, 3) As the Whites drove off Hard followed in pursuit. Hard hit a number of cars pulling out of the parking lot and proceeded by swerving down the road after them, taking out a mailbox a long the way. White then called 911 and in a worried tone alerted them that Hard was following. Mr. White took a left turn and that is when Hard crashed into the side of the vehicle killing Mr....

References: Chrisman, Esq., R (2011). Presentation: Understanding Agency and Employment Relationships [PowerPoint slides]. Retrieved from Liberty University Blackboard website 
Gumpresht, M. E. (2008, March 12). Memorandum in Opposition to the Motion for Summary Judgement. Civil Action No. 82A04-8876-CV-285
Holy Bible: King James Version.
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