The Lucky Duck Case

THE LUCKY DUCK CASE 1 The Lucky Duck Case Student’s Name Institutional Affiliation Date THE LUCKY DUCK CASE 2 Legal Memorandum TO: FROM: DATE: FILE: SUBJECT: The Lucky Duck Case Should Mindy sue The Lucky Duck bar for over-serving Michael? Background Mindy who is a nurse was severely injured in a road accident. The accident occurred after Michael who was drunk ran a stop sign causing the accident. The accident caused Mindy to take many days off work to undergo treatment. The treatment cost Mindy heavily and had a huge hospital bill. Concerning this Mindy sought an attorney who advised him to sue both Michael and The Lucky Duck for the loss caused. Should Mindy sue The Lucky Duck bar for over-serving Michael? Factual Statement Michael in the first place was in the wrong for driving when he was intoxicated. He should not have driven considering his situation since The Lucky Duck bar provided mobile numbers for local cab companies to offer transport. Melissa a bartender warned Michael not to sell him more for he was intoxicated. On behalf of the lucky duck bar, Melissa did his part to protect Michael. Michael went further to be attendant to another bartender which made him more intoxicated and unable to drive safely home (Niederdeppe, Avery & Miller.,2017). THE LUCKY DUCK CASE 3 The Law The BAC regulations provide that the percentage for intoxication is 0.08, the percentage that one can be allowed to drive on highways. However, it is only the police wh