Business Law Courtroom Observation

Liberty University/BUSI 301/B09 |

Courtroom Observation

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Gibbs v. White |

Courtroom Observation: White V. Gibbs

This case concerned a statutory complaint between Mrs. White (Plaintiff) and Gibbs and O’Malley’s Tavern (Defendant). The case was tried in the US District Court (Northern Indiana) and decided by Indiana state law. The statutory concern was a possible violation of an Indiana statue known as the Dram Shop Act (Indiana Code 7.1-5-10-15.5.). Specifically, the plaintiff’s argument is that a patron at O’Malley’s Tavern was served alcohol by an bartender (Patrick Gibbs) after the patron was visibly intoxicated which consequently caused Bruno White’s death and Debbie White’s injury. The defendants motioned for summary judgment; however, the plaintiff wished the case to proceed forth to trail. The incident in question was a motor vehicle “incident”, which caused the death of Mr. White and injured Mrs. White. The driver of the vehicle (Edward Hard) was drinking at O’Malley’s Tavern. Prior to departing the tavern, Mr. Hard got into an altercation with Mr. White in which he allegedly attempted to assault him. Shortly after the altercation, Mr. Hard left the tavern and within ten minutes of his departure, he struck the White’s vehicle, killing Mr. White and injuring Mrs. White.

The defense arguments rests on the basis that the evidence presented was insufficient to prove that the bartender observed a sufficient visual manifestation of intoxication. The defendant’s believe that Mr. Hard was not engaging in any physical activities that would have adequately displayed any visual signs of intoxication. Furthermore, the defense also argues that Mr. Hard intoxication was not the proximate cause of the injury and the plaintiff was a victim of a crime and not negligence. The co-defendant argues that Mr. Hard had a pre-existent criminal intent to harm Mr. White. To support this claim he referenced the intimate relationship between Mrs. White and Mr. Hard...