Daniel Francis Kelly, Jr. - Page 15




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                    B.   Current legal interpretations                                
                         1.   The Pointe Resort can be held financially               
                              liable if one of our customers who is                   
                              drinking in a Pointe bar causes personal                
                              injury to a third party                                 
                         2.   The results are disastrous                              
               II. GENERAL RULES                                                      
                    A.   Anyone who seems intoxicated                                 
                         1.   Bring this to the attention of the bartender            
                              and/or manager                                          
                         2.   If it is determined that the individual may             
                              drive home, then every effort should be made            
                              to encourage him/her to either take a taxicab           
                              home or "take the elevator home", utilizing             
                              the employee preferred rate                             
                    B.   In our legalistic society, it is the                         
                         responsibility of all management personnel to                
                         assist in insuring that legal liability to all of            
                         the Pointe and Gosnell entities be held to a                 
                         minimum                                                      

          If petitioner's primary concern was compliance with his                     
          employer's elevator policy, petitioner failed to adhere to the              
          initial directive of the policy to insure that bartenders did not           
          serve alcohol to already intoxicated patrons; i.e., Ms. Doe, Ms.            
          Johnson, and Ms. Gavirati.  Petitioner admitted that he believed            
          the women were intoxicated when he first met them.  Nevertheless,           
          not only did petitioner fail to prevent further service of                  
          alcohol to the women, he actually provided more alcohol to them,            
          including rounds of "kamikaze shots", which are concentrated                
          shots of alcohol.  Petitioner admittedly contributed to the                 
          further inebriation of Ms. Doe, Ms. Johnson, and Ms. Gavirati.              
          Moreover, in the civil suit filed by Ms. Doe, GBC clearly                   


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Last modified: May 25, 2011