Courtroom Observation

The 2008 2L Moot Court Tournament at the Liberty University School of Law presented a case which was presented before the United States District Court for the Northern District of Indiana. Case number 82A04-8876-CV285 consisted of Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O'Malley's Tavern. The plaintiff in this case is Deborah White. Mrs. White was represented by attorneys Amanda Babbitt and Jackson Walsh. The defendants in this case are Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern. The defendants are being represented by attorneys Benjamin Walton and Jordan Van Meter.

The plaintiff in this case is entitled to recover for damages for the defendant’s actions pursuant to Indiana Law. However, there are two conditions that must be met in order for the plaintiff to recover damages. These conditions consist of the following: 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 death, injury, or damage alleged in the complaint.

On Saturday, July 28, 2007, Mr. Bruno White and his newlywed wife Mrs. Debbie White arrived at O’Malley’s Tavern around 7:00 p.m. They ordered food and drinks when they arrived, but neither ordered nor consumed any alcohol. Mr. Edward Hand, Mrs. White’s former fiancé, was also at O’Malley’s Tavern that night. Almost immediately after they arrived, Mr. Hand approached the Whites, congratulated them on their wedding, and returned to the bar. During the next 28 minutes, by the accounts of Mr. Hard and Mr. John Daniels, the sole bartender that night, Mr. Hard consumed four to six shots of hard “whiskey” liquor. Mrs. White’s account stated that she witnessed Mr. Hard consume “quite a few” shots. It was confirmed that Mr. Hard ordered thirteen alcoholic beverages...