Draft one legal issue using the ‘Whether, Under, When’

Draft one legal issue using the ‘Whether, Under, When’ Format for this scenario.
Limit your issue to the “obvious intoxication apparent to the provider” element.
 
 
Scenario.
If you will recall, yesterday I asked you to work with me on a new matter. This will serve as a follow-up to our brief conversation.
 
Dezi Delacruz is our client. Dezi’s fiancè, Raheem Abbott, is a close friend of mine from high school. Raheem called me late last night. He was very distraught. Dezi was in a car accident a few weeks ago (details below), and he wants to know if there is some basis upon which they can sue the restaurant where she was drinking before the accident occurred. We will need to work together to uncover some additional facts over the next few months, but here is what I know thus far.
Dezi and Raheem recently got engaged and were hoping that the pandemic would be gone by next summer so they could celebrate with a huge family wedding at his grandparents’
ranch. Dezi and Raheem met right after high school when they were both helping to coach girls’ ultimate at a local high school. Raheem is taking college classes at night and considering law school while he works as a paraprofessional supporting students with disabilities at a local elementary school. Dezi was recently furloughed at her canvassing job where she registered new voters. She took the opportunity to start a small gardening business that creates sustainable, edible gardens for homeowners.
On August 14, 2020, several of Dezi’s friends from canvassing, including Grace Lee, took her out for drinks to celebrate her engagement. The group shared a number of cocktails and beer. One of the bartenders who served them stated that after several visits where they were quite subdued, this time the group seemed louder and happier.
While the rest of the group left at around 10:30, Dezi and Grace stayed at the Secret Patio bar until about 12 a.m. Marshawn (Marsh) Strawberry was the bartender at the Secret Patio who served them that evening. Marsh has worked at the Secret Patio for five years and received the 2018 and 2019 annual bartender bonus for largest total tabs during the calendar year, 30% of which must be from the bar’s famous artichoke dip or smoked beef tenderloin crostini. Marsh is known as a “fun” bartender, who enjoys educating patrons about craft cocktails and beers by giving them free samples and explaining how they are made. Marsh attended the
annual commission-approved TABC training via Zoom in Spring 2020 as he had every spring since he began working there.
Dezi’s receipt from the evening for her portion of drinks totaled $115, which included a generous $60.00 tip, three shots, two beers, and two cocktails. Grace’s tab was the same, although she tipped $30, so her total bill was $95. Her friends, Nala, Demetri, and JV, had tabs that were much less, but I do not know the exact amounts.
 
 
Dezi and Grace had carpooled to the bar because Dezi’s car was in the shop. The pair wobbled to the valet stand together. Grace got into the driver’s seat, and Dezi rode as a passenger. Raheem informed me that Dezi–who was 5’6″ and 140 pounds–was known for slurring her words after consuming just two cocktails.
 
Grace drove the car from the valet stand to Baytown-East Freeway. Somewhere near Exit
782, Grace’s car crashed into the embankment on the side of the freeway on the passenger side. An unknown caller reported the wreck via 911, and the police arrived within
minutes. Grace was arrested at the scene. Her BAC was 0.16. Grace was shaken up but did not need medical attention. Dezi was rushed to the hospital with life-threatening
injuries and remains in critical condition.
Grace told Raheem that the crash happened when she took her eyes off the road to reach for her phone, which was ringing incessantly. She told Raheem they were “over-served” at the Secret Patio.
Raheem wants our firm to explore a civil lawsuit and monetary damages against the Secret Patio. I would like you to focus your analysis on Dezi’s claim against the Secret
Patio under the Texas statute that regulates bars and service of alcoholic beverages.
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