Legal Environment of Business 8th Edition by Henry Cheeseman

Exercise 3

Tort Liability Thomas McGrath was a partner in the law firm Tarbenson, Thatcher, McGrath, Treadwell Schoonmaker. One day, at approximately 4:30 p.m., McGrath went to a restaurant-cocktail establishment in Kirkland, Washington. From that time until about 11:00 p.m., he imbibed considerable alcohol while socializing and discussing personal and firm-related business. After 11:00 p.m., McGrath did not discuss firm business but continued to socialize and drink until approximately 1:45 a.m., when he and Fredrick Hayes, another bar patron, exchanged words. Shortly thereafter, the two encountered each other outside, and after another exchange, McGrath shot Hayes. Hayes sued McGrath and the law firm for damages. Who is liable? Hayes v. Tarbenson, Thatcher, McGrath, Treadwell Schoonmaker, 50 Wash.App. 505, 749 P.2d 178, Web 1988 Wash.App. Lexis 27 (Court of Appeals of Washington)