Debbie White vs. Patrick Gibbs
Agree with Defendants or Plaintiffs
The background of this lawsuit is based on Debbie White suing Patrick Gibbs and his Tavern for the death of her husband . The reason why Debbie wants the bar to be held responsible is due to the fact that Mr. Edward Hard left intoxicated and crashed into Mrs. White's car and killed her husband . The Gibbs feel his bar shouldn’t be held responsible due to the fact that the bartender didn’t see Mr. Hard intoxicated. Mr. Hard was also an ex-boyfriend of Debbie's and the bar feels that the accident was intentional. Mr. Gibbs wants the court to dismiss the case based on summary judgment which is “a judgment requested by any party to a civil action to end the action when it is believed that there is no genuine issue or material fact in dispute” (Mosby’s Dictionary).
Morally based, the tavern should not be responsible of the individual at hand due to the person's free will to consume enough alcoholic beverages to cause him to be in a state of intoxication. As adults, we learn that it is our responsibility to make sound decisions to protect not only ourselves but others around us. Based on the evidence and research provided, you fully understand the defendants position to pursue the Whites, even after he had already been consuming the beverages. It was also his free choice to then go back and antagonize the individuals so much so that it lead to them leaving the establishment. It was also the defendants’ choice to pursue the couple and follow them. As a result, it eventually leads to the accident causing the death of Ms. Wright’s husband. You see there that the defendant knew what he was doing and he ultimately let his emotions get the best of him causing him to react and continue to divulge in consuming more alcohol after he was already in a pre-intoxicated state.
Most bartenders can make a sound decision after serving a customer 13 drinks; 6 being hard liquor shots. Although he claims to not see him in an intoxicated state, scientific belief is that anyone who comes close to that amount of alcohol within a 55 minute time span would be presumed to be intoxicated. Therefore, the tavern has a responsibility not only towards their employees but also towards their customers and now need to assume responsibility for the actions that caused the death of Ms. White’s husband. I believe that if the bartender would have stopped serving him drinks that the outcome would have been different. Research shows that alcohol served to any individual can change the chemical balance within the brain and body, causing the person to make unsound decisions and decisions they wouldn't normally make. If the tavern would have taken responsibility for their customers they would see and understand that this man was not ok and should have then not been served any more drinks regardless of age or gender. Although the bartender did not testify and witnessed the defendant stumbling off his stool, key witnesses in the bar do testify that clearly the man was intoxicated and therefore should have been put to a stop. As an establishment of public food and drink it is their responsibility to take ownership for what the customers do while in their care as well as the actions to follow. In this severe case, a life was taken as a result of high intoxication. Ultimately, I agree with the plaintiff that if the tavern would have stopped serving the individual drinks, he would have been able to make a better and more sound decision rather than to drink and drive. Furthermore, if he would not have been intoxicated, he more than likely wouldn't have had the courage to go up to the table in the first place and expressed how he felt about the couple. In addition, it is suggested that Ms. White and the defendant had been separated for some time which means that there would have been enough time for the defendant to express...
Videos 1-8 Patrick Gibbs vs. Debbie White
summary judgment. (2012). In Mosby 's Dictionary of Medicine, Nursing, & Health Professions. Retrieved from http://www.liberty.edu:2048/login?url=http://literati.credoreference.com.ezproxy.liberty.edu:2048/content/entry/ehsmosbymed/summary_judgment/0
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