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Patrick Gibbs and O’malley’s Tavern

In: Business and Management

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The 2008 2L Moot Court Tournament at the Liberty University School of Law The 2008 2L Moot Court Tournament at the Liberty University School of Law presented a case in which it went before the United States District Court for the Northern District of Indiana. The case number is 82A04-8876-CV-285 Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern. The purpose of the courtroom procedure is to argue the motion of summary judgment concerning the case of Deborah White vs. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern. Deborah White is the plaintiff. Amanda Babbitt and Jack Walsh are moot court attorneys represent Mrs. White. Patrick Gibbs and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern are the defendants. Two other moot court attorneys Benjamin Walton and Jordan Van Meter represent the defendants. There are certain requirements that a plaintiff must meet to recover damages. “The State of Indiana states: the defendant must have actual knowledge that the person to whom the alcoholic beverages 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). The courtrooms process is intended to challenge the State of Indiana law concerning material fact. The courtroom also wants to argue the defendant’s motion for summary judgment. The plaintiff wants the case to proceed to trial. Mr. Bruno and Mrs. Deborah White arrived at O’Malley’s Tavern on Saturday July 28, 2007. Edward Hard was also present. He was a frequent patron at the bar and Mrs. White’s former fiancé. According to Memorandum in Opposition to the Motion for Summary Judgment states that almost immediately after they walked

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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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