Courtroom Observation Essay

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The Court case observed in this paper was the 2008 2L Moot Court Tournament at the Liberty University School of Law. Deborah White vs. Patrick Gibbs and O’Malley’s Tavern. This court was to determine whether or not it should be taken into a motion of summary judgment. It is to be determined whether the tavern had actual knowledge that Mr. Hard was visibly intoxicated when serving Mr. Hard his final drink, and if serving Mr. Hard was the proximate cause of the crash and Mr. White’s death. Also to ensure that the chain of causation can be broken by a criminal act on the part of Mr. Hard. This is an interesting case because of the relationship between the plaintiff and Mr. Hard. They had been engaged many years ago, and then she had broken it off with him and married someone else (Mr. White). Over the years Mr. Hard has had altercations with Mr. White and verbal threats to him. On this particular evening, Mr. Hard and Mr. and Mrs. Whites were having dinner at the same establishment. When Mr. Hard had seen the Whites, his intake of alcohol was increased and shots were ordered. While Mr. and Mrs. White were leaving the tavern, Mr. Hard attempted to hit Mr. White, but swung and fell down immediately picking himself back up. When the Whites were trying to leave the tavern, Mr. Hard got into his truck and followed them hitting other parked cars on the way. Once he made it out of the parking lot, he continued to chase them. Mrs. White called 911 at some point after the bar and before the incident. On her 911 call she reported Mr. Hard chasing them. Mr. Hard caught up with them and hit them when they were turning killing Mr. White and injuring Mrs. White. The Indiana State law describes actual knowledge of being visibly intoxicated literally in such a way that the bartender must see a person drunk and visibly intoxicated. No assumption based upon consumption can be

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