Liberty University presented a case of White v. Gibbs which is about Mrs. Debbie White and Patrick Gibbs under the civil provisions of Indiana’s Dram Shop Act, Indiana Code 7.1-5-10-15.5. In this case Mrs. Debbie White sued Patrick Gibbs and O’Malley’s Tavern. Because White and Gibbs do not live in the same states, the suit was brought in diversity in the United States District Court for the Northern District of Indiana. However, the suit will be decided under Indiana state law. The main goal of this courtroom is to argue the motion for summary judgment which is concerning the case of Mrs. Debbie White, Patrick Gibbs and O’Malley’s Tavern. In this case, the plaintiff is Debbie White. Two moot court attorneys who are Amanda Babbitt and Jack Walsh represent Mrs. White. The defendants are Patrick Gibbs and O’Malley’s Tavern. Also two other moot court attorneys who are Benjamin Walton and Jordan Van Meter represent the defendants which are Mr. Gibbs and O’Malley’s Tavern.
On that day which Bruno White was killed, Debbie White and Bruno White went to O’Malley’s tavern to have dinner around 7:00p.m. Also, Mr. Hard who is Mrs. White’s former fiancé was at O’Malley’s at that time. When Mr. and Mrs. White came to the restaurant, Mr. Hared moved toward to them and he gave congratulations about their marriage. After he talked to them, he returned to his sit and kept drinking the alcohol beverages. Mr. Hard drank about six shots of whisky in about twenty eight minutes according to John Daniel and Mrs. White. John Daniel who was the only bartender at O’Malley’s Tavern that night was a licensed bartender and he served each and every shot of alcohol beverage to Mr. Hard that night. Mr. Hard stood up and knocked over his stool. Customers who were at O’Malley’s Tavern witnessed him fall after this accident. They were also aware of his intoxicated state. After he recovered his consciousness, he sat back on his stool and Mr. Daniels gave him another beer.
Bibliography: Gumpresht, M. E. (2008, March 12). Memorandum in Opposition to the Motion for Summary Judgment. Civil Action No. 82A04-8876-CV-285 Gaines - Tabb v. ICI Explosives, USA, Inc., 160 F. 3d 613, 621 (10th Cir. 1998). Chrisman, Esq., R (2011). Presentation: Understanding Agency and Employment Relationships [PowerPoint slides]. Retrieved from Liberty University Blackboard website