An Assignment Submitted by
Sara Cotleur
Liberty University Online
Class Business 301-D04, Section 201320, Spring 2013
Deborah White vs. John Daniels and O’Malley’s Tavern
Introduction
The case in question is case number 82A04-8876-CV-285, between Deborah White as the plaintiff and John Daniels and O'Malley's Tavern as defendants before a mock U.S. District Court, in the Northern District of Indiana. The plaintiff’s attorneys are Amanda Babbit and Jackson Walsh while those of the defendants are Benjamin Walton and Jordan Van Meter. Mr. and Mrs. White went to O'Malley's Tavern on the Saturday, July 28, 2007, a tavern in Gary, Indiana. Edward Hard, a former fiancé of Mrs. White was also patronizing the same tavern and on seeing the two, he approached them to convey his congratulations on their recent marriage and then went back to his seat and resumed his drinks. The first defendant, Mr. Daniels, was the only licensed bartender working at O'Malley's Tavern. Mrs. White and Mr. Daniels confirmed Mr. Hard consumed four to six shots in about twenty-eight minutes after the arrival of the Whites. Thus Mr. Daniels had constructive knowledge of Mr. Hard’s intoxication. On consuming his last alcoholic drink he tried to leave and in the process tripped on a cue stick as he stood up but picked himself up. Mr. Daniel did not notice this stumbling incident and thus was not aware of the intoxication level of Mr. Hard and could not be said to have absolute knowledge on the intoxication level of Mr. Hard. When the Whites got up to leave, Mr. Hard shouted at them but they ignored him and his comments and walked out of the tavern. He started pursuing them and attempted to strike Mr. White while threatening them. They ignored him again and entered their car and began to drive away. Mr. Hard entered his vehicle and started pursuing them and Mrs. White on