...Number 82a04-8876-cv285 Plaintiff: Deborah White Plaintiff representatives: Walsh Jackson and Amanda Babott Defendant: Patrick Gibbs and O’Malley’s Tavern Defendant Representatives: Benjamin Walton and Jordan Van Meter Defendant Council Overview: Jordan Van Meter and Benjamin Walton are representing the defendant who is Patrick Gibbs and O’Malley’s Tavern. The representing defense suggests that the Court give a summary judgment to John Daniels who was the bartender at O’Malley’s Tavern. The Plaintiff is seeking damages from the defendant, Patrick Gibbs and O’Malley’s tavern stating that Mr. Gibbs had knowledge of Mr. Hard’s intoxication. The Indiana Law. Ind Code Ann 7.1-5-10-15.5 2006 does require that a defendant have actual knowledge in order to recover damages. Constructive knowledge does not satisfy the presumption, only subjective knowledge. Circumstantial evidences cannot support constructive knowledge, but only actual knowledge. According to the 7th circuit court of Indiana, visible acts of intoxication are subjective. The bartender himself only saw Mr. Hard sitting on a stool drinking whiskey which is not an uncommon occurrence in a bar. The case that was cited in the courtroom, the Ash Lock case (Ashlock v. Norris, 475 N.E.2d 1167, 1170 Ind. Ct. App. 1985) was not as severe as this case. This specific bartender at O’Malley’s Tavern did not have actual knowledge of Mr. Hard’s intoxication levels. He did not notice the altercation Mr. Hart had with Mr....
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...shows oral argument in the case of White v. Gibbs in which Mrs. Debbie White has sued Patrick Gibbs and O’Malley’s Tavern under the civil provisions of Indiana’s Dram Shop Act, Indiana Code 7.1-5-10-15.5. Because the parties reside in two different states, the suit was brought in diversity in the United States District Court for the Northern District of Indiana, but will be decided under Indiana state law. The defendants have made a motion for summary judgment, seeking judgment as a matter of law in their favor. Mrs. White has responded that summary judgment should not be granted, and that the case should go to trial. Because the argument is being heard on the defendants’ motion, the defendants’ counsel argues first. The lawsuit arose from an incident when Mrs. White and her husband, Bruno, were having dinner at O’Malley’s Tavern. Mr. Edward Hard, another patron at the tavern that evening and a former paramour of Mrs. White, had a large amount to drink. When Mrs. White and her husband left the tavern, Mr. Hard stumbled out behind them, got in his van, chased the Whites’ car out of the parking lot, and, within approximately half a mile, drove into the side of the Whites’ car, killing Mr. White and injuring Mrs. White. You will hear additional facts as they are argued on the various points of law. Under Indiana law, in order for Mrs. White to recover damages from the defendants, she must prove: - The tavern (through Mr. Gibbs, the bartender) had actual knowledge that Mr...
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...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...
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...shows oral argument in the case of White v. Gibbs in which Mrs. Debbie White has sued Patrick Gibbs and O’Malley’s Tavern under the civil provisions of Indiana’s Dram Shop Act, Indiana Code 7.1-5-10-15.5. Because the parties reside in two different states, the suit was brought in diversity in the United States District Court for the Northern District of Indiana, but will be decided under Indiana state law. The defendants have made a motion for summary judgment, seeking judgment as a matter of law in their favor. Mrs. White has responded that summary judgment should not be granted, and that the case should go to trial. Because the argument is being heard on the defendants’ motion, the defendants’ counsel argues first. The lawsuit arose from an incident when Mrs. White and her husband, Bruno, were having dinner at O’Malley’s Tavern. Mr. Edward Hard, another patron at the tavern that evening and a former paramour of Mrs. White, had a large amount to drink. When Mrs. White and her husband left the tavern, Mr. Hard stumbled out behind them, got in his van, chased the Whites’ car out of the parking lot, and, within approximately half a mile, drove into the side of the Whites’ car, killing Mr. White and injuring Mrs. White. You will hear additional facts as they are argued on the various points of law. Under Indiana law, in order for Mrs. White to recover damages from the defendants, she must prove: - The tavern (through Mr. Gibbs, the bartender) had actual knowledge that Mr...
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...Courtroom Observation Name School Class Professor Date The case being tried is, number 82A04-8876-CV-285, Deborah White vs. Patrick Gibbs and O'Malley's Tavern. The case is being disputed in front of the U.S. District Court in the Northern District of Indiana. Deborah White is the plaintiff and Patrick Gibbs and O'Malley's Tavern are the defendants. Deborah White's attorney's are Amanda Babbit and Jackson Walsh. Benjamin Walton and Jordan Van Meter are the defense attorney's. “The State of Indiana requires that a plaintiff meet the following elements in order to recover damages: the defendant must have actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished, and the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint” (Gumprecht, 1). This case is to dispute the law in regards to material fact against the State of Indiana and to also contend the defendant's action for summary grasp. However, the plaintiff decides to carry-on to a trial. On a Saturday evening, July 28, 2007, in Gary, Indiana Mr. Bruno and Mrs. Deborah White entered O'Malley's Tavern. A gentleman by the name of Edward Hard, who was Mrs. White's ex-fiancé, was also there. Mr. Hard approached the White's after they entered the bar to felicitate his best on their recent marriage. He then...
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...Courtroom Observation Case White v. Gibbs John Simpson Louisiana Tech Abstract This paper observes the court case of White v. Gibbs in which Debbie White is suing Patrick Gibbs and O’Malley’s Tavern under the civil provisions of Indiana’s Dram Shop Act (National Conference of State Legislatures, 2014). Deborah White brought this court case to the Supreme Court in order to argue against the summary judgment filed by the defendants. A summary judgment would allow for them to avoid going to trial only if the Judge sees fit to deem that there are no disputes to the material facts of this case (West Encyclopedia of American Law, 2008). The attorneys representing Mrs. White are Amanda Babbitt and Jackson Walsh. The attorneys for the defendants are Benjamin Walton and Jordan Van Meter. Courtroom Observation Case White v. Gibbs The lawsuit arose from an incident where Mrs. White and her husband Bruno were having dinner at O’Malley’s Tavern. On that night there was another patron at the bar, Edward Hard, who was also Mrs. White’s ex-fiancé. During the court case we find out that Mr. Hard had shown a lot of animosity toward the White’s due to Mr. Hard and Mrs. White’s previous relationship. There was also a former altercation between Mr. White and Mr. Hard, and even though this had been resolved, Mr. Hard still showed this animosity. On this night, Mr. Hard had a bill from O’Malley’s Tavern in which he was charged for purchasing 13 alcoholic drinks. According to the...
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...Chad Chambers BUSI301 Professor Martin September 25, 2011 Courtroom Observation The court case White vs. Patrick Gibbs and O’Malley’s Tavern took place in the United States District Court in the Northern District of Indiana. The defendants, Patrick Gibbs and O’Malley’s Tavern are pursuing a summary judgment. Summary judgment is the resolution of a case without trial if the judge deems that there are no disputes to the material facts of the case. The Defendants in this case claim there is no evidence to support that bartender John Daniels saw any visual signs of intoxication from Edward Hart and only contextual knowledge can be proven. If the defendants can prove there were in fact no visible signs of intoxication then they will not be subjected to any legal wrong doing based off the 1988 Indiana Supreme Court Case which stated that contextual knowledge alone will not suffice. The plaintiff, Deborah White, is requesting that the court denies the defendant’s request for summary judgment. The plaintiff claims to have sufficient evidence which will prove bartender John Daniels did see visible signs of intoxication from Edward Hart. Edward Hart had consumed 11 drinks within a two hour span while at the Tavern. Regardless of body type, shape or size that amount of Alcohol consumed by a single individual can reasonably infer that he had shown visible signs of intoxication. Edward Hart had been observed falling off of his stool as well as tripping over a pool stick by another...
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