John Smith recently came to our office with another legal question. One of his employees from Quick and Fast Heating and Electric, Tom Fitzgerald, was recently involved in a car accident on his way home from work. The facts, as John explained them to me, are as follows.
Approximately one month ago, a man named Gerald Simmons went to his regular bar, The Other Place. He sat with his regular bartender, Sally Johnson, and proceeded to drink three shots of liquor and two beers within a forty-five minute time frame. He then left The Other Place, drove to a convenience store, Greentree Convenience, where he stumbled in (obviously drunk) and bought a twelve pack of Coors Light. He drank two more beers in the parking lot and then drove off. Two blocks away, he was involved in a car accident with Tom Fitzgerald (Johnâ€™s Smithâ€™s employee). Gerald was arrested at the scene for DUI and DUI assault. Tom was hospitalized overnight with a broken collarbone, received ten stitches, and has been having nightmares about the accident.
John has been encouraging Tom to file a lawsuit to recover for his damages. However, the driver has no insurance and recently filed for bankruptcy so Tom says it is not worth his time. John is wondering whether either the bar, The Other Place, or the convenience store, Greentree, can be sued for selling alcoholic beverages to an obviously intoxicated person. He asked us to research this so that he can give Tom some further advice.
Using Westlaw and/or Lexis, please research the legal issues. Then create a research memo addressing the liability of both the bar and the convenience store. Focus solely on Texas state court law, as this accident happened in Dallas. Be sure to draft the memo in proper format (using the Sample Research memo posted below). Also, please try to use proper citation form. I have also provided a document regarding citations to help you with