HMD359 Nevada Kirchner v Shooters on the Water Inc Case Discussion Read the following cases: Case Example 12-1: Kirchner v. Shooters on the Water, Inc. (P

HMD359 Nevada Kirchner v Shooters on the Water Inc Case Discussion Read the following cases:

Case Example 12-1: Kirchner v. Shooters on the Water, Inc. (Pages 430-431)
Case Example 12-3: Goss v. Richmond. (Pages 434-435)
Case Example 8-3: Paraskevaides v. Four Seasons (Pages 288-289)
Case Example 8-5: Bhattal v. Grand Hyatt-New York (Pages 298-299)

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HMD359 Nevada Kirchner v Shooters on the Water Inc Case Discussion Read the following cases: Case Example 12-1: Kirchner v. Shooters on the Water, Inc. (P
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For each case, identify the following:

Case name (1-point)
Parties involved (1-point)
The facts—circumstances that gave rise to the lawsuit (3-points)
The issue—legal question that the parties want resolved (2-points)
The judge’s decision—judge’s response to the issue (1-point)
The reasoning supporting the decision—basis and rationale for the decision (2-points)

You need to read each case first and then answer above questions

I will attach 4 cases.

so, I need total 4 paper. (1 case each)

you have to answer all above the questions for each case.

please write the questions when you write an answer CASE EXAMPLE 12-1
Kirchner v. Shooters on the
Water, Inc.
856 N.E.2d 1026 (Ohio 2006)
This appeal rises out of the drowning death of
plaintiff Paul M. Kirchner’s son, Paul C. Kirchner in
the Cuyahoga River. The incident occurred at
approximately 2:15 a.m. next to the premises of
Shooters on the Water (“Shooters”). Kirchner was
20 years old at the time of his death.
Prior to arriving at Shooters on the night in
question, Kirchner and his friends attended a
Hawaiian luau party at a private home.
Approximately 40 to 50 guests were at the party.
Kirchner and his friends remained at the party for
several hours drinking beer and vodka Jell-o
shots.
drove to Shooters at approximately 1:15. Shooters
is a restaurant/bar located on the west bank of the
Flats in downtown Cleveland, Ohio….
When the young men arrived at Shooters, they
walked to the back entrance where they believed
they had a better chance of getting into the bar
since numerous members of their group, including
Kirchner, were under the legal drinking age. The
entire group managed to gain entry into Shooters
despite their underage status.
Kirchner was at Shooters for approximately one
hour prior to the incident. According to his friends,
Kirchner drank beer, mixed drinks, and shots. At
approximately 2:15 a.m. Kirchner and his friends
made plans to leave Shooters. However Kirchner
told his friends that he was going to urinate off the
dock of Shooters, into the Cuyahoga River.
Kirchner’s friends observed Kirchner walk to the
end of the dock, lean against a pole, and begin
While at the party Kirchner and his friends
decided to go to Shooters. They left the party and
urinating. Shortly thereafter, Kirchner fell into the [Plaintiff claimed the bar and its owner should
river. Kirchner’s friends ran to the end of the dock be liable based on the state’s Dram Shop Act.]
and after seeing no sign of their friend, jumped in We conclude that a patron that has become
after him. The U.S. Coast Guard arrived and
voluntarily intoxicated is not the type of innocent
eventually recovered Kirchner’s body from the third party that the Dram Shop laws were
river. He was pronounced dead at 4:40 a.m. The designed to protect. Therefore we must affirm the
coroner’s toxicology report indicated that Kirchner grant of summary judgment in favor of Shooters
had a blood alcohol level of .24, which is three and its owner….
times the legal limit for operating a motor vehicle
in Ohio….
CASE EXAMPLE 12-3
Goss v. Richmond
381 N.W.2d 776 (Mich. 1985)
Plaintiff alleged in his dram shop action that
defendant Le-Rob, a licensed seller of alcoholic
beverages, illegally sold intoxicating liquor to a
visibly intoxicated person, defendant Robert
Richmond. Richmond allegedly drove his auto-
mobile off the road and struck a tree. Plaintiff was
a passenger in the Richmond automobile and
suffered serious injuries.
Plaintiff testified that he and Richmond pur-
chased pitchers of beer in “rounds,” each taking
turns buying pitchers. The trial court held that
buying such “rounds” amount to buying drinks for
defendant Richmond. The court held that, by doing
So, plaintiff was a non-innocent party under the
dram shop act and was thus precluded from pro-
ceeding under the act….
Plaintiff argues that his participation in bringing
about the injury-producing intoxication should not
a result of the sale of intoxicating liquor…. To
permit one who has been an intentional acces
sory to the illegality to shift the loss resulting from
it to the tavern owner would lead to a result we
believe the Legislature did not intend. A person
who buys drinks for an obviously intoxicated
person, or one whom he knows to be a minor, is
at least as much the cause of the resulting or
continued intoxication as the bartender who
served the consumer illegally. In short, barring
recovery by a wrongdoer by holding that the
wrongdoer is not among those to whom the
Legislature intended to provide a remedy
advances both purposes of the act, to suppress
illegal sales and to provide a remedy for those
injured as a result of the illegality.
Plaintiff next argues that the “innocent party”
doctrine as applied in this case denies him equal
protection of the laws. Plaintiff claims that,
because he could recover if he and defendant
Richmond, instead of buying “rounds,” would each
have purchased their own pitchers and drank side
by side, the “innocent party” doctrine as applied in
this case creates an arbitrary distinction between
persons of the same class….
The material question when a defendant claims a
plaintiff is not an “innocent party” under the dram
bar recovery….
The objective of the Legislature in enacting the
dram shop act was to discourage bars from
selling intoxicating liquors to visibly intoxicated
persons and minors and to provide for recovery
under certain circumstances by those injured as
shop act is whether the plaintiff actively participated
in the intoxicated person’s inebriation….
We do not find the distinction between persons
who purchase “rounds” and those who merely
accompany the allegedly intoxicated person to be
arbitrary. A person who purchases a pitcher of
beer knowing that the allegedly intoxicated
person will drink therefrom is a more direct
participant in the other’s intoxication and more
directly encourages the other’s intoxication than a
mere drinking companion. Buying in “rounds”
conceivably sets the pace at which the allegedly
intoxicated person will consume alcohol and
conceivably encourages the allegedly intoxicated
person to consume his “fair share.”
[Judgment for the licensee] Affirmed.

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