Courtroom Case
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The 2008 1L Moot Court Tournament at the Liberty University School of Law presented the case of Mrs. White vs. Mr. Gibbs and Stand Alone Properties, L.L.C., together as OMalleys Tavern. The purpose of this courtroom process was to argue the motion of a summary judgment. The plaintiff in this case is Mrs. White who is being represented by Moot Court attorney Amanda Babbitt and Jackson Walsh. The defendants in this case are Mr. Gibbs, and Stand Alone Properties L.L.C., together as OMalleys Tavern. The defendants are represented by Moot Court attorneys Benjamin Walton and Jordan Van Meter.
Upon arrival at OMalleys Tavern, Mr. and Mrs. White ran into Edward Hard, who was once engaged to Mrs. White. After the Whites had walked in, Mr. Hard approached them to congratulate them on their marriage. Mr. Hard then returned to his seat where he was observed by the bartender, John Daniels, and Mrs. White as having consumed four to six alcoholic beverages within about a twenty eight minute time frame. He then stands up, and fell over a cue stick. After regaining his bearings, he sat back at his seat, where he was served yet another drink by the same bartender, Mr. Daniels. Mr. Daniels was the only bartender working that night.
As the Whites were leaving, Mr. Hard shouted a few things at the couple. Since his behavior was ignored as the Whites continued to the door, he left his seat to pursue them. Mr. Hard attempted to strike Mr. White, only to miss and fall to the ground. As the Whites continued out the door and to their car, Mr. Hard once again regained his composure and followed the Whites to their vehicle. He again shouted at them, saying things such as, “This isnt over yet!”
As the Whites were leaving the parking lot in their vehicle, Mrs. White saw that Mr. Hard was getting into his vehicle, and then follows them out of the parking lot. It was at this point that Mrs. White called the police. She told the operator that Mr. Hard was in essence chasing them.
The Whites were about one half mile from the Tavern when they turned left onto a road to discover Mr. Hard driving on the wrong side of the road and not slowing down. Mr. Hard then wrecked into the side of the Whites car. Mrs. White acquired significant injuries, and Mr. White was killed as a result of the accident caused by Mr. Hard.
When the police investigated into the accident, it was found that Mr. Hard had a blood alcohol level of 0.20. That is more than double the State of Indianas legal blood alcohol limit of 0.08. It is clear that due to his blood alcohol level, Mr. Hard should not have been driving a vehicle. Mr. Daniels, the bartender, was questioned by police as well. He states that Mr. Hard did not appear to be intoxicated after he was served his last beverage and exited the tavern.
Amanda Babbitt and Jackson Walsh represent the appellant. They present that actual knowledge of visible intoxication is found sustainable by the evidence brought before the court. Mr. Walsh brought forth two reasons to deny the summary judgment. The first reason was that the jury could accept from the evidence and circumstances of the case more than one conclusion for the case which deems summary judgment as inappropriate. Second, in the case, the jury could assume that Mr. Daniels had actual knowledge of the visible intoxication of Hard before