BUSI 301 Fall
September 22, 2013
2008 1L Moot Court Tournament at the Liberty University School of Law, White V. Gibbs CA# -8776-CV285.
This case is between the (plaintiff) Mrs. White and the (defendants) Patrick Gibbs and Stand Alone Properties, L.L.C. as O’Malley’s Tavern. A Motion of Summary Judgment on behalf of O’Malley’s Tavern in the US District Court of Northern District of Indiana. Is being argued/presented.
Briefly; Mrs. White is suing the defendant Patrick Gibbs of O’Malley’s Tavern where as the bartender served Mr. Hard with alcoholic beverages which lead to his intoxication, thus getting into his vehicle, driving erratic chasing both Mrs. …show more content…
The plaintiff stated they were being chased but not to go from intent to hurt to intent to murder. Mr., Hard did not have control of his vehicle due to his Intoxification, there was no intent to ram his vehicle to collide with them, Yes there was animosity between the parties but it is not intent of murder., but to continue his conversation and that is why he got into his vehicle to complete it. This is not enough to cutoff the bars liability. The Bartolini cases states that the bars negligent act even if followed by intentional harmful act by the intoxicated patron is still the proximate cause of an injury if the injury is a natural or probable consequence which in light of the circumstance should have been foreseeable. Basically served to Intoxification and patron does an intentional act that the server/bar would have foreseen it.. The plaintiff ask this court to not allow that the motion summary of judgment to go forward and not grant it as, Mr. Hard has the reputation of driving while drunk ,would cause a car accident when served beyond Intoxification.
Before even watching the videos I needed to really get a feel for what Motion of Summary Judgment was. Wikipedia definition, law.com helped to give me the insight as to what a motion of summary granted is usually in favor of the defendant instead of going before a jury trail. Lots of paperwork on both sides. And some states