The background of this lawsuit is based on Debbie White suing Patrick Gibbs and his Tavern for the death of her husband . The reason why Debbie wants the bar to be held responsible is due to the fact that Mr. Edward Hard left intoxicated and crashed into Mrs. White’s car and killed her husband . The Gibbs feel his bar shouldn’t be held responsible due to the fact that the bartender didn’t see Mr. Hard intoxicated. Mr. Hard was also an ex-boyfriend of Debbie’s and the bar feels that the accident was intentional. Mr. Gibbs wants the court to dismiss the case based on summary judgment which is “a judgment requested by any party to a civil action to end the action when it is believed that there is no genuine issue or material fact in dispute” (Mosby’s Dictionary).
Morally based, the tavern should not be responsible of the individual at hand due to the person’s free will to consume enough alcoholic beverages to cause him to be in a state of intoxication. As adults, we learn that it is our responsibility to make sound decisions to protect not only ourselves but others around us. Based on the evidence and research provided, you fully understand the defendants position to pursue the Whites, even after he had already been consuming the beverages. It was also his free choice to then go back and antagonize the individuals so much so that it lead to them leaving the establishment. It was also the defendants’ choice to pursue the couple and follow them. As a result, it eventually leads to the accident causing the death of Ms. Wright’s husband. You see there that the defendant knew what he was doing and he ultimately let his emotions get the best of him causing him to react and continue to divulge in consuming more alcohol after he was already in a pre-intoxicated state.
Most bartenders can make a sound decision after serving a customer 13 drinks; 6 being hard liquor shots. Although he claims to not see him in an intoxicated state, scientific belief is that anyone who comes close to that amount of alcohol within a 55 minute time span would be presumed to be intoxicated. Therefore, the tavern has a responsibility not only towards their employees but also towards their customers and now need to assume responsibility for the actions that caused the death of Ms. White’s husband. I believe that if the bartender would have stopped serving him drinks that the outcome would have been different. Research shows that alcohol served to any individual can change the chemical balance within the brain and body, causing the person to make unsound decisions and decisions they wouldn’t normally make. If the tavern would have taken responsibility for their customers they would see and understand that this man was not ok and should have then not been served any more drinks regardless of age or gender.
Although the bartender did not testify and witnessed the defendant stumbling off his stool, key witnesses in the bar do testify that clearly the man was intoxicated and therefore should have been put to a stop. As an establishment of public food and drink it is their responsibility to take ownership for what the customers do while in their care as well as the actions to follow. In this severe case, a life was taken as a result of high intoxication. Ultimately, I agree with the plaintiff that if the tavern would have stopped serving the individual drinks, he would have been able to make a better and more sound decision rather than to drink and drive. Furthermore, if he would not have been intoxicated, he more than likely wouldn’t have had the courage to go up to the table in the first place and expressed how he felt about the couple. In addition, it is suggested that Ms. White and the defendant had been separated for some time which means that there would have been enough time for the defendant to express how he felt about the couple in a more appropriate location and time rather than when he was intoxicated.
The answers in the courtroom are a very biblical worldview because God uses people to get through to others .God chooses people to accomplish the mission he wants to get done . The bible gives us many examples on alcohol and how can having a drink affects your brain and ability to make correct decisions. “Wine is a mocker, strong drink is raging: and whosoever is deceived thereby is not wise” (Proverbs 20:1 KJV). Throughout reading the bible we find many verses about how drinking wine or alcohol affects your vision and perception. Also, throughout the whole bible God recommends us not to consume it. One important thing we must keep in mind is that our body is the temple of the Holy Spirit and we must watch what we put in it. “What? Know ye not that your body is the temple of the holy Ghost which is in you, which ye have God, and ye are not your own?
For ye are bought with a price: therefore glorify God in your body , and in your spirit , which are God’s” ( 1Corinthians 6:19-20 KJV). Using the bible for all of our decisions is the best way to go because we know we have an honest and sincere guidance . Resolving disputes in a decent , calm way id the best way to do it. I feel all court rulings should be based on the bible because personal interests do not become a problem . From day one the bible and the word of God has always been the same not changing as Jesus stated, “ Heaven and earth shall pass away: but my words shall not pass away” (Luke 21:33 KJV). God also teaches us that no matter how much our brother or sister has sin against us we should always turned the other cheek . From personal experience this is a very hard decision to make because of our selfish tendencies but we must always keep in mind we are all children of God so whatever we do to others, we are doing it to God.
“Let all bitterness , and wrath and anger , and clamour , and evil speaking , be put away from you , with all malice: And be ye kind one to another , tenderhearted , forgiving one another, even as God for Christ’s Sake hath forgiven you” (Ephesians 4:31-32 KJV).When we put God first in our lives and trust Him to help us resolve our problems, everything will turn out according to His will and we should trust this since He wants the best for us.
People nowadays want to take justice into their own hands and that’s why so many innocent people are killed and there is so much violence in the world . If people were to just follow the Ten commandments, this world would be a much better place to live in and government would not have so much pressure on creating so many laws and restrictions. In conclusion, Mrs. White lost her husband because of a substance called alcohol that has taken so many lives away. It takes away our perception to make right decisions and be ourselves. We should choose be intoxicated not with alcohol but with prayer, in God’s word, hymns and hope in salvation .
Work Cited Page
Videos 1-8 Patrick Gibbs vs. Debbie White
summary judgment. (2012). In Mosby’s Dictionary of Medicine, Nursing, &
Health Professions. Retrieved from http://www.liberty.edu:2048/login?url=http://literati.credoreference.com.ezproxy.liberty.edu:2048/content/entry/ehsmosbymed/summary_judgment/0