Courtroom Observation Paper

Words: 2714
Pages: 11

201220 SPRING 2012 BUSI 301-C05 LUO
Kevin Studer


Hammond Division

DEBORAH WHITE, ) ) Plaintiff, ) )
v. ) Civil Action No. 82A04-8876-CV-285 )
ALONE PROPERTIES, L.L.C., ) d/b/a O’MALLEY’S TAVERN, ) ) Defendants. )

Courtroom Observation Review of the 2008 2L Moot Court Tournament at the Liberty University School of Law

INTRODUCTION This case between the plaintiff, Deborah White (Appellee) and the defendants, Patrick Gibbs; and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern (Appenllants) was the subject of a Summary Judgment Motion filed on behalf of the
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Hard his alcoholic drinks in excess was not the “proximate cause” of the injuries to the plaintiff or the death of her husband. They would have to prove that Mr. Daniels had no knowledge that Mr. Hard was visibly intoxicated at the time Mr. Daniels served him his last drink. The plaintiff would have to prove that Mr. Daniels “did have” actual knowledge that Mr. Hard was intoxicated and that his actions as a result of being intoxicated were “foreseeable” and that the actions of Mr. Hard were the proximate cause of same. In reviewing the Moot Trial, I heard one other term that I knew I needed clarification on in order for me to give my opinion in regards to the motion, “foreseeability.”
According to the Free Dictionary by Farflex, foreseeability is:
“ the facility to perceive, know in advance, or reasonably anticipate that damage or injury will probably ensue from acts or omissions. In the law of Negligence, the foreseeability aspect of proximate cause—the event which is the primary cause of the injury—is established by proof that the actor, as a person of ordinary intelligence and circumspection, should reasonably have foreseen that his or her negligent act would imperil others, whether by the event that transpired or some similar occurrence, and regardless of what the actor surmised would happen in regard to the actual event or the manner of causation of injuries.” (web. 28 Feb. 2012