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)

Don't use plagiarized sources. Get Your Custom Essay on
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
Just from $13/Page
Order Essay

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
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….
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.

Purchase answer to see full

Homework On Time
Calculate the Price of your PAPER Now
Pages (550 words)
Approximate price: -

Why Choose Us

Top quality papers

We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.

Professional academic writers

We have hired a team of professional writers experienced in academic and business writing. Most of them are native speakers and PhD holders able to take care of any assignment you need help with.

Free revisions

If you feel that we missed something, send the order for a free revision. You will have 10 days to send the order for revision after you receive the final paper. You can either do it on your own after signing in to your personal account or by contacting our support.

On-time delivery

All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.

Original & confidential

We use several checkers to make sure that all papers you receive are plagiarism-free. Our editors carefully go through all in-text citations. We also promise full confidentiality in all our services.

24/7 Customer Support

Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.

Try it now!

Calculate the price of your order

Total price:

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.


Essay Writing Service

You are welcome to choose your academic level and the type of your paper. Our academic experts will gladly help you with essays, case studies, research papers and other assignments.


Admission help & business writing

You can be positive that we will be here 24/7 to help you get accepted to the Master’s program at the TOP-universities or help you get a well-paid position.


Editing your paper

Our academic writers and editors will help you submit a well-structured and organized paper just on time. We will ensure that your final paper is of the highest quality and absolutely free of mistakes.


Revising your paper

Our academic writers and editors will help you with unlimited number of revisions in case you need any customization of your academic papers