Courtroom Observation

In: Business and Management

Submitted By mdaniel1213
Words 1625
Pages 7
BUSI 301


Indiana Northern District Court

Case Number 82a04-8876-cv285

Plaintiff: Deborah White Plaintiff representatives: Walsh Jackson and Amanda Babott

Defendant: Patrick Gibbs and O’Malley’s Tavern Defendant Representatives: Benjamin Walton and Jordan Van Meter

Defendant Council Overview:

Jordan Van Meter and Benjamin Walton are representing the defendant who is Patrick Gibbs and O’Malley’s Tavern. The representing defense suggests that the Court give a summary judgment to John Daniels who was the bartender at O’Malley’s Tavern. The Plaintiff is seeking damages from the defendant, Patrick Gibbs and O’Malley’s tavern stating that Mr. Gibbs had knowledge of Mr. Hard’s intoxication. The Indiana Law. Ind Code Ann 7.1-5-10-15.5 2006 does require that a defendant have actual knowledge in order to recover damages. Constructive knowledge does not satisfy the presumption, only subjective knowledge. Circumstantial evidences cannot support constructive knowledge, but only actual knowledge. According to the 7th circuit court of Indiana, visible acts of intoxication are subjective. The bartender himself only saw Mr. Hard sitting on a stool drinking whiskey which is not an uncommon occurrence in a bar. The case that was cited in the courtroom, the Ash Lock case (Ashlock v. Norris, 475 N.E.2d 1167, 1170 Ind. Ct. App. 1985) was not as severe as this case. This specific bartender at O’Malley’s Tavern did not have actual knowledge of Mr. Hard’s intoxication levels. He did not notice the altercation Mr. Hart had with Mr. White at the door nor did he notice Mr. Hard tripping over a pool stick. These specific inferences were after the last drink was served therefore this defendant considers this actual knowledge. Common law prior to the 1988 at the Supreme Court Statue does allow constructive knowledge for inferences and the…...

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