Internal Memorandum of Law: Liability and Case Referral - Essay Example

From the above facts, it is evident that Jimmy was served alcohol at Dirty Frank bar which led to her death as he was under alcohol. Dirty Frank bar is, therefore, liable for the death of Jimmy because they served him alcohol when he was already drunk against the dram shop act (Sloan, 2000). At the time of the accident, Jimmy Johnson was drunk whereas Mary martin was sober with desperation and hence had more chances of avoiding the accident. This provides the ground that Mary Martin’s estate was liable for causing the accident leading to the death.

It is also evident from the facts given above that the two parties involved in the accident were from different states and this provides a ground for referring this case to federal court. There is a strong ground to believe that the case should be transferred to federal courts since the parties come from different states. Dirty Frank bar should have a case as per the provision of dram shop law for causing intoxication. Similarly, Mary Martin’s estate is responsible for the death since they were sober in contrast to Norma Johnston.