Courtroom Observation, Case # 82A04-8876-CV-285, White vs. Gibbs/O'Malley's Tavern
The case that is being tried is case, 82A04-8876-CV-285, Deborah White vs. John Daniels and O'Malley's Tavern, and is being argued before a mock U.S. District Court, in the Northern District of Indiana. The plaintiff in this case is Deborah White, and her attorneys are Amanda Babbit and Jackson Walsh. The attorneys for the defendants, Patrick Daniels and O'Malley's Tavern, are Benjamin Walton and Jordan Van Meter.
Mr. and Mrs. White entered O'Malley's Tavern on Saturday, July 28, 2007, in Gary, Indiana. Edward Hard, who was an ex-fiancé of Mrs. White and a patron that night, approached the couple to convey his congratulations on their recent marriage. After conveying his best to them, Mr. Hard went back to his seat and resumed consuming his alcoholic beverages. Mr. Daniels was the only licensed bartender working at O'Malley's Tavern that night, and served Mr. Hard the alcoholic beverages that he had consumed on the night in question. Mrs. White and Mr. Daniels, the bartender, confirmed that Mr. Hard consumed four to six shots in about twenty-eight minutes, after the Whites arrived. Therefore, Mr. Daniels had constructive knowledge of the possible intoxication level of Mr. Hard, but not an absolute knowledge level. After Mr. Hard consumed his last alcoholic drink, a count which was in the teens, he proceeded to stand up, stepping on a pool cue causing him to fall. Other patrons in the tavern witnessed this occurrence, but Mr. Hard re-established his composure and returned to his stool before Mr. Daniels could witness his stumble. In this case, Mr. Daniels was not able to gain absolute knowledge of Mr. Hard’s intoxication. As the Whites were leaving, Mr. Hard allegedly shouted, "She should be my wife!" The Whites ignored his comment and walk out of the tavern. As they were leaving, Mr. Hard pursued them, attempted to strike Mr. White but fell to the ground. As they left the tavern,...