Facts of the Case
Case Posture The video of case number 82A04-8876-CV-285, White vs. Gibbs and O’Malley’s Tavern, is a video where the defendant is going before judges seeking summary judgment as a matter of law in their favor. Debbie White has sued Patrick Gibbs under the civil provisions of Indiana’s Dram Shop Act, Indiana Code 7.1-5-10-15.5. This case was brought in diversity before the United States District Court for the Northern District of Indiana due to the parties residing in two different states. The case will be decided under Indiana state law.
The purpose of this trial is to argue the motion of summary judgment. A summary judgment is “a procedure used during civil litigation to quickly resolve a case without a trial.
During this incident, Mr. Hard was sober. This shows that there is a history of Mr. Hart trying to physically hurt Mr. White.
In this particular case, Mr. and Mrs. White went to O’Malley’s Tavern. Edward Hard, Mrs. White’s former lover, was also at the tavern that night. Mr. Hard’s bar tab shows that he purchased 13 alcohol drinks, in a 2 hour and 40 minute period. Before Mrs. White arrived at the Tavern, he had five drinks. In roughly a half hour, John Daniels, the bartender, served Edward Hart five shots of whisky and one beer. Mr. Daniels was the only bartender working the night of July 28th so he served all the shots of liquor and other alcoholic beverages to Mr. Hard. When Mr. Hard finished his last shot of liquor, Hard tried to stand up from his barstool and tripped over a pool stick and fell. The bartender was not in the room when Hart fell. By the time John Daniels came back into the room, Edward Hard was already up and back on his bar stool. The bartender then served him another beer. When Mr. Hard saw Mr. and Mrs. White leaving, he finished his drink and proceeded to pursue them. At 7:43 pm, he was served his last drink. Five minutes later he paid and leaves. Once outside, Mr. Hard raised his hand in an attempt to strike one of them, but as he swung, he fell to the ground. Once the Whites were in their car and leaving. Mr. Hard started his car and sped out of the parking lot recklessly hitting