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 judgment is entitled to recover as a matter of law (Bagley, 2006, p. 112). The defendants claim that there is no actual knowledge of visible intoxication, only constructive knowledge. They are also claiming that the wreck that occurred between Mr. White and Mr. Hard was not the proximate cause of death, but instead, a criminal act by Mr. Hard. On Saturday, July 28, 2007, Bruno White and Deborah White visited OMalleys Tavern.
Edward Hard, who is Deborah Whites former fiance, was also there that night. Upon arrival, Edward Hard approached Bruno and Deborah and congratulated them on their recent marriage. After his congratulations he then returned to the bar and proceeded to take several shots of hard liquor with-In twenty eight minutes. John Daniels, who was the only bartender working that night, served Mr. Hard all of these shots. He stood up at one point and fell, knocking over his stool in the process. After his fall, Mr. Daniels resumed serving him drinks. After the Whites finished their meal, they rose to leave the restaurant.
Mr. Hard shouted from across the room She should be my wife! . The Whites ignored him and continued to go to the car, but Mr. Hard followed them into the parking lot shouting, This isnt over yet! . As the Whites drove away, Deborah noticed that Mr. Hard had gotten into his van and started to follow them. About a half mile down the road, Mr. White, made a left turn. As he was making this turn, Mr. Hard, who was driving on the wrong side of the road, struck the Whites car. The impact killed Bruno White immediately, and left Deborah White badly injured on her left side.