Preview

Courtroom Oberservation

Good Essays
Open Document
Open Document
612 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Courtroom Oberservation
Running head: Courtroom Observation
Courtroom Observation

Tracy D. Camden
Liberty University

BUSI 301
Robert Martin
April 23, 2011

Courtroom Observation

This court case took place in United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285, White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton, xxxxx Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern and Jackson Welch, Amanda Babot who represent the plaintiff Debbie White. The defendants Patrick Gibbs and O’Malley’s Tavern are seeking a summary judgment which is a procedural device used during civil litigation to promptly and expeditiously resolve a case without a trail. A judge grants summary judgment only if there are no disputes as to the material facts of the case and the party is entitle to judgment as a matter of law. (1) The defendants Patrick Gibbs and O’Malley’s Tavern claim there is no evidence to support that the bartender John Daniels saw any visual signs of intoxication from Edward Hart. This means the defendant isn’t subject to any legal wrong doing. The plaintiff Debbie White is requesting the court to deny the defendants request for summary judgment. The plaintiff claims there is evidence to show the bartender John Daniels saw visual signs that Edward Hart was intoxicated. The plaintiff claims that with the amount of alcohol Edward Hart had consumed in the time he was in the Tavern there would be noticeable visual signs that he was impaired. The plaintiff’s attorney claims there are four (4) factors of actual knowledge of intoxication which would point to visual signs of intoxication. Upon leaving O’Malley’s Tavern Edward Hart crashed his vehicle into the Plaintiffs vehicle causing harm to the Plaintiff and the death of her husband.

Based on the courtroom observations there appeared to be insuff evience to grant the defendant a summary judgment. The facts of

You May Also Find These Documents Helpful

  • Better Essays

    In the case of White v. Patrick Gibbs and O’Malley’s Tavern, Mrs. White is suing Mr. Gibbs and O’Malley’s Tavern in the death of her husband, Mr. White. Mr. Edward Hard was a patron of the tavern the night of the accident with Mr. and Mrs. White. Mr. Hard was in a relationship with Mrs. White before she married Mr. White. Mr. Hard saw Mr. and Mrs. White leave the tavern on this night and followed them out the door. Mrs. White observed Mr. Hard drinking several alcoholic beverages while they were there. When Mr. and Mrs. White where leaving Mr. Hard confronted Mr. White telling him that “she should be my wife” and “this is not over.” After Mr. and Mrs. White got in their car and were leaving the establishment, Mr. Hard followed them driving recklessly. He was swerving across the road, driving in the opposite lane, and hitting mailboxes. His recklessness and inability to drive due to being intoxicated resulted in him crashing into Mr. and Mrs. White’s vehicle ultimately killing Mr. White and severely injuring Mrs. White. This court case took place in United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285, White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton, Jordan Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern and Jackson Welch, Amanda Babot who represent the plaintiff Debbie White.…

    • 1382 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Trial Court Level: Plaintiff Lumpkin sues Defendant Mellow Mushroom. Defendant filed summary judgment motion, and court granted judgment in favor of Defendant. Plaintiff appealed.…

    • 628 Words
    • 3 Pages
    Good Essays
  • Good Essays

    9. On the occasion in question, Defendant was traveling behind Plaintiff in the left hand lane of Interstate 57 when Plaintiff noticed Defendant’s lights flashing. Plaintiff moved over to the right hand lane to allow Defendant to pass, at which time he saw beer cases falling from Defendant’s truck towards him. Plaintiff swerved left in an attempt to avoid the beer cases when the accident occurred.…

    • 833 Words
    • 4 Pages
    Good Essays
  • Good Essays

    FACTS: Plaintiff sues DC Shooting range, where he is a regular, for its failure to prevent X, a high-ranking member of the gun-owner’s association affiliated with DC Shooting, from entering the range with a gun despite under the influence of alcohol, causing him to carelessly handle his weapon and accidentally shooting Plaintiff’s arm. Plaintiff built his prima facie case by alleging that on the day of the incident, defendant’s reception staff did not prevent X’s entry into the range. Plaintiff also presented witnesses who testified that prior to the shooting, X was stumbling out of the men’s restroom flushed and struggling to keep on his feet. Defendant countered by presenting…

    • 330 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Haugen Vs Ford Summary

    • 285 Words
    • 2 Pages

    In Haugen v. Ford Motor Co., the requirement of Article 2-302(2) that the court required an affording opportunity for the buyer to present evidence to aid the court in making a determination. In this case, Plaintiff buyer challenged the judgment of the District Court of Williams County (North Dakota) that granted summary judg-ment in favor of defendant manufacturer dismissing the buyer's damage claim based on a liability exclusion for damage from fire. The buyer filed a complaint against the man-ufacturer when the car he bought burst into flames while he drove it. The manufacturer was awarded summary judgment dismissing the buyer's claim based on a liability ex-clusion for damage from fire included in the limitation of liability. The court…

    • 285 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Procedural History: Lower court entered a directed verdict for Dr. Turk b/c there was an absence of evidence that he intended to inflict personal injury…

    • 281 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Under the rule of joinder, where a plaintiff has two or more entirely separate claims emanating from separate transactions, he can sue on them in one action. CPLR section 4102(c) provides that a party has not waived his right to a trial by jury by joining a legal claim with another claim not triable by jury which arose out of a separate transaction. Thus, a plaintiff is entitled to a jury trial on its legal claims for relief when its equitable claims for relief arise out of an entirely separate transaction than that which gave rise to its legal claims. CPLR section 4102 works in conjunction with section 4101 regarding demand and waiver of trial by jury.…

    • 2857 Words
    • 12 Pages
    Good Essays
  • Better Essays

    The jury determined that the above facts were sufficient to find defendant guilty of the torts of false imprisonment, assault and battery. The jury grants Summary judgments for defendants Anthony Smyk and Ardmore Acres Hospital.…

    • 1197 Words
    • 5 Pages
    Better Essays
  • Better Essays

    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.…

    • 2181 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Judgment reversed, on the law and the facts as a matter of discretion in the interests of justice, and indictment dismissed.…

    • 522 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    White V. Gibbs Case Study

    • 1404 Words
    • 6 Pages

    The plaintiff’s counsel, Mr. Walsh and Ms. Babbitt, argued that the defense should not be granted summary judgment and that the case should move to a trial. The plaintiff’s counsel argues that it would have been impossible for the bartender to not recognize that Mr. Hard was visibly intoxicated. They also argue that Mr. Hard’s intoxication induced the reckless behavior that led to the death of Mr.…

    • 1404 Words
    • 6 Pages
    Good Essays
  • Good Essays

    This court case took place in the United States Supreme Court in the Northern District of Indiana. The plaintiff in this court case is Deborah White, represented by Amanda Babbitt and Jackson Walsh. The defendants are Patrick Gibbs and O’Malley’s Tavern, represented by Benjamin Walton and Jordon Van Meter. Deborah White brought this court case to the Supreme Court in order to argue against the summary judgment filed by the defendents. A summary judgment is granted only if all of the written evidence before the court clearly establishes that there are no disputed issues of material fact and that the party who requested the summary…

    • 401 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Everyone thinks they have it exactly right on TV shows like Law and Order or CSI. Someone commits a crime, is charged and found guilty all in an hour or two. For many crimes this is not the case, the offender may never be found, or someone maybe falsely convicted. It all hinges on a set of people. The judge, the defense attorney and the prosecutor. All of which are not perfect like the US Judicial System, and justice is not always served. Individual rights are violated due to prosecutorial misconduct, ineffective assistance by criminal defense counsel, and judicial misconduct. In some instances, the guilty…

    • 1058 Words
    • 5 Pages
    Good Essays
  • Good Essays

    I attended the District Court at 201 West Picacho Ave on March 7, 2011. I sat in on judge Mike Murphy's court. Judge Murphy started court promptly at 9:00 a.m. but before I got into the court I had to wait in a long line of about 30 people. then when I finally got to the court house door I had to go through a metal detector where I had to take off my belt and shoes and everything metal on my persons. Then I asked one of the officers working the metal dictator how I could ask to sit in on a criminal court that was going on this morning. She then directed me to court room four. I asked the bailiff if it was ok for me to sit in on court today for my criminal justice class, and if the case where criminal matters. The bailiff then told me that yes these cases where criminal matters and as long as I am quiet and obey the court house rules I was welcome to come and sit and watch the court proceedings. So I waited until the bailiff called everyone in and I went in as well and took a seat in the back row.…

    • 1036 Words
    • 5 Pages
    Good Essays
  • Good Essays

    court observation

    • 1720 Words
    • 7 Pages

    On September 27th I went to Branch 6 to watch the criminal trial of the defendant Lord Wilson. It was making out to be a weeklong trial and I made it on the second to last day. All I knew was that it was a case involving drugs and had been in the making for a while. When I arrived at the public safety building to listen to the criminal trial taking place I learned firsthand that things never seem to stay on schedule. A recess was taking place when I walked in. While I was sitting there I overheard another person in the courthouse talking about how they heard testimonies from witnesses the day before. That’s what I was looking forward to and now I was worried that I wouldn’t get to observe anything too interesting. During the recess I had some time to take in what was going on around me. The judge was not in the court room. I assumed he was probably in his chambers going over information from the trial that called for the recess to begin with. The prosecutor and the defense attorney were both present in the courtroom, occasionally talking to one another while they waited for the judge to return. The defendant was in the room as well, sitting next to his lawyer waiting for things to resume. There were also a few police officers sitting behind me and from what I could tell at least one was involved in the case against the defendant. While I was sitting there Thomas Gerleman, the defense attorney came over and told me who the people involved in trying the case were. The judge who presided over this court room was Daniel Bissett and the District attorney was Christian Gosset. The A.D.A was Eric Sparr, which another student informed me he was a “drug expert” and had a lot of experience dealing with cases involving the delivering and manufacturing of drugs. Knowing who everyone was made it a little easier to follow what was going on.…

    • 1720 Words
    • 7 Pages
    Good Essays