Courtroom Observation Essay

1513 words - 7 pages

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 ...view middle of the document...

Other patrons who were in the tavern saw Mr. Hard fall. Mr. Hard was able to redeem his composure and got back on his stool; then Mr. Daniels provided him another beer. At this time, Mr. and Mrs. White were getting ready to leave O'Malley's Tavern. Mr. Hard proceeded to shout , "She should be my wife!", just as they approached the door to exit. The White's disregard his comment and walk out of the tavern. “Mr. Hard saw them leaving, pursued them, and raised his hand in an attempt to strike one of them but he fell to the ground as he swung… As the Whites left the tavern, Mr. Hard rose and began to chase the White's into the parking lot, shouting, ‘This isn’t over yet’” (Gumprecht, 3). Mr. Daniels now acknowledges that it is obvious Mr. Hard is intoxicated.
The White's begin to drive away from the tavern, in their vehicle, when Mrs. White observes Mr. Hard get into his vehicle and proceed to follow them. Mrs. White then dials 911 to request emergency assistance. “Approximately a half-mile from the tavern, Mr. White turned left while Mr. Hard, driving on the wrong side of the street and without slowing down, slammed into the Whites’ driver-side door” (Gumprecht, 3). Mr. Hard's action resulted in the death of Mr. Bruno White and caused Mrs. Deborah White to sustain significant injuries. “Beyond the emotional suffering incurred by Mrs. White as the result of the death of her husband Mrs. White has sustained significant injuries to the left side of her body” (Gumprecht, 4).
Mr. Hard's blood alcohol level was 0.20, well above the 0.08 legal limit; as determined during the police investigation. Also, as Mr. Daniel's claimed, Mr. Hard appeared as though to be intoxicated when he exited O'Malley's Tavern that July night. Which is easily explained as the computerized bar tab revealed “… that Mr. Hard ordered thirteen alcoholic drinks under the supervision of Mr. Daniels” (Gumprecht, 2). Mr. Hard has a past history of driving while intoxicated as stated by the owner of O'Malley's Tavern, the bartenders who work there, and the City of Gary Police Departments; who have witnessed it fist hand.
The defendants argument by Benjamin Walton and Jordan Van Meter, presented that the absolute knowledge of apparent intoxication and first-hand causation, were absent and not proven by the evidence, which is required under the Indiana Dram Shop Act.
Mr. Walton introduces that the evidence did not show that Mr. Hard was taking any action in business that would show intoxication. According to the Dram Shop Act, visible intoxication is required. Under this act, the bartender and owner are only held liable if the bartender or owner has actual knowledge of the patrons visible intoxication at the time the alcoholic beverage was furnished.
The defense alleged that knowledge of intoxication will not be adequate enough because actual knowledge is essential under the Act, which is supported by the Indiana Seventh Circuit Court and the Indiana...

Other assignments on Courtroom Observation

A Horror Show At The Cinemaplex

1150 words - 5 pages Running head: A Horror Show at the Cinemaplex Assignment 4: A Horror Show at the Cinemaplex A Horror Show at the Cinemaplex 1. Perform a comprehensive analysis of the five (5) competitive forces. Discuss what level of competition can be anticipated amongst industry rivals. Among the 5 companies that own the majority of the theater, there is little difference in price or offerings. You don’t see ads saying come to our

Julia's Food Bo0Th Essay

1381 words - 6 pages Julia’s Food Booth A.Formulate and solve an L.P. model for this case. Decision Variables | X1 | # of Pizzas | X2 | # of Hotdogs | X3 | # of BBQ Sandwiches | Objective Function |   | X1 | X2 | X3 | Selling Price | $ 1.50 | $ 1.50 | $ 2.25 | Cost | $ 0.75 | $ 0.45 | $ 0.90 | Profit | $ 0.75 | $ 1.05 | $ 1.35 | Maximize total profit Z=$0.75X1+$1.05X2+$1.35X3 Budget Constraints

Types Of Business (3)

2086 words - 9 pages Types Of Business There are many different advantages and disadvantages of different types of ownership within the business sector. Before you start you’re new or expanded business plans. You need to explore all the options available to you. Will you be a Sole Proprietor or a Corporation or everything in between? The following report will examine six different business organizations in detail. Sole Proprietorship: is when the business is

Stuff

1051 words - 5 pages FP/101 FOUNDATIONS OF PERSONAL FINANCE Start Date: 04/23/2012 Print COURSE DESCRIPTION This course provides an overview of the elements necessary for effective personal financial planning and the opportunity to apply the techniques and strategies essential to this understanding. Primary areas of study include creating and managing a personal budget, understanding and paying taxes, working with financial institutions, wise use of credit cards

Organizational Design

1022 words - 5 pages 1 What can companies do to protect themselves from legal action with regard to ageism? On one hand, company can draw up workplace policies to avoid any inference of age discrimination in organizations management by legal adviser. When some policies are ruled by law in organizations, those who are 50 years of age or older have the job chances as same as young people. So that facing ageism problem, it can guarantee that the internal

Organizing Reaction Paper

653 words - 3 pages Organizing Reaction Paper Shelia M. Reed MGT/330 June 6, 2012 Karen Abron The Organizing function follows the planning process and brings the organization’s resources together (Bates & Snell, 2009). These resources include such things as Physical Assets, Monetary Assets, Human Resources, Knowledge, and Technology (Bates & Snell, 2009). Managers have the responsibility of pinpointing resources

Multinational Acquisition

1378 words - 6 pages Keith Seibert 6/3/2012 Prof. Neil Riley ACC 401 MULTINATIONAL ACQUISITION PEPSICO AND QUAKER OATS COMPANY By the end of 1999, following a multi-year restricting effort, PepsiCo had once again become one of the most successful consumer products companies in the world. In less than four years, it had achieved an 80% increase in net income, on 30% lower sales, and with 75% fewer employees! PepsiCo’s major subsidiaries were the

It Engineer

1439 words - 6 pages Southern New Hampshire University Muad Elmuntasar OL- 690 Definition of Corporate Social Responsibility October 2, 2012 Pr. Katrina Kerr The definition of corporate social responsibility Introduction The corporate social responsibility ( CSR) seems to be came in the beginning of the millennium after so many wrong actions in past decades. May be, after the shock of scandals business such as Enron, WorldCom and Parmalat, also with the

I Would Advise The President As Follows

520 words - 3 pages I would advise the President as follows: 1. He should not think of lowering or setting interest rates unless he wants to copy the Chinese system of Government- Commanded economy. If he still chooses to convert the US economy into a Chinese style economy, he would then have to set the exchange rates, the prices of various other goods and services and yet fail to achieve his objective coming out of recession fast and increasing employment faster

Carnival Cruise Lines

2319 words - 10 pages CARNIVAL CRUISE LINES Questions on Strategy 1. What strategy has Carnival adopted in the past to build the cruise line into the dominant player in the industry? Was this a wise approach? Carnival cruise lines was the dominant player in the cruise industry over the last 30 years because of a strong and highly visible brand, a tight control over costs and a clear vision about the industry. Carnival’s corporate strategy was to see

Kathy's Home

1412 words - 6 pages KATHY’S HOME When a person is a good cook, he or she is usually a clean person as well. However, in Kathy’s case, the opposite turned out to be true. The first time Kathy and I got to know one another was at the VA Medical Center. The afternoon staff at the VA Medical Center decided to have a Memorial Day potluck for those working on that day. The employees working on the holiday drew sticks to decide what each would bring to the potluck

Similar Documents

Cowboys And Indians Essay

1508 words - 7 pages and for good reason: a pool of blood on the sidewalk makes for a very sensational story and can lead to the spread of false information. Another clear example of Sinclair’s lack of knowledge of a legitimate police investigation is his fixation on the fact that the broadcasted suspect description included a grey jacket and Harper was wearing a black jacket at the time Cst. Cross approached him. When making a split-second observation of a person’s

Network Structure And Inter Organizational Knowledge Sharing Capability

4801 words - 20 pages Network Structure and Inter-organizational Knowledge Sharing Capability ABSTRACT This paper examines how the structure of a supply network can affect the inter-organizational knowledge sharing capability, which is expressed by absorptive capacity and shared identity. The supply network structure is analyzed by two dimensions – formality and centrality. Propositions about the relationships between network structure and knowledge sharing

Hrm Commitment Essay

1563 words - 7 pages The Phrase ‘commitment’ is frequently used by HRM practitioners in the control of absenteeism and its contribution to business objectives. Evaluate the evidence to reinforce commitment and reduce absenteeism. Mowday et al have defined organizational commitment as “ the relative strength of an individual’s identification with an involvement in an organization” (Chapter 7 Attitudes at work, Page no, 265 Work Psychology

Appedix C Essay

295 words - 2 pages Associate Level Material Appendix C Psychotherapy Matrix Directions: Review Module 36 of Psychology and Your Life. Select three approaches to summarize. Include examples of the types of psychological disorders appropriate for each therapy. {Psychodynamic Approaches} {Behavioral Approaches} {Cognitive Approaches} Summary of Approach Psychodynamic approaches involve seeking out unresolved past conflicts and unacceptable impulses from the