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 not be granted to the defendants, and that the case should continue on to trial by jury
Courtroom Observation: White v. Gibbs
Mrs. Wright’s lawsuit against the defendants, Patrick Gibbs and O’Malley’s Tavern, manifested after the death of her husband. Mr. White was killed while driving, by a drunk driver, and former paramour of Mrs. White, Mr. Edward Hard. On the night in question, Mr. and Mrs. White were having dinner at O’Malley’s Tavern. The same night, Mr. Edward Hard was also present at O’Malley’s Tavern. He was observed consuming copious amounts of alcohol, which were served by the bartender, Patrick Gibbs. Witnesses claim that Mr. Hard was seen falling from his barstool, and attempting to strike Mr. White in the time leading up to the incident. Upon leaving O’Malley’s Tavern, the Whites were followed out into the parking lot by Mr. Hard. The Whites entered their vehicle and proceeded to leave the establishment but were followed by a Mr. Hard who was driving a van. Mr. Hard followed the Whites for nearly half of a mile before driving into the side of the White’s vehicle, killing Mr. White and injuring Mrs. White. In order to recover any damages from the defendants, Mrs. White must prove that...
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