create a legal memorandum based upon the following fact situation. You are to use only the cases and statutory/regulatory authority I give you, no additional research.

Facts

Your law firm represents the Plaintiff, Laila Johnson, who has been permanently disabled in an automobile accident. When Laila was interviewed, she gave the following facts were later established and have been verified by your investigation. Laila's car, a Toyota Sentra, was struck by a truck driven by Ben Toller, who had just left the Tipsy Tavern and was driving toward his home. The accident happened at the intersection of Avenue "A" and 37th Street, where there is a traffic light. Laila clearly had the green light and "right of way". The light changed from yellow to red as Toller approached the intersection, according to a video camera recording of the intersection. The video does not show Toller swerving to avoid the accident or driving erratically. It was light and sunny outside, at the time of the accident, 4:35 p.m. in August.

Following the accident, it was established at the hospital that Ben's blood alcohol level was above the legal limit. Toller has been charged with Driving While Intoxicated.

Further investigation reveals that Toller had consumed 6 beers and 4 shots of whiskey at the Tipsy Tavern in the hour before he left the bar. Before leaving the bar he got into an argument with another patron, resulting in a short "scuffle" that left both participants on the floor. The bartender of the Tipsy Tavern asked Toller to leave, after that. Toller was a "regular" customer of the Tipsy Tavern, often staying late and needing a taxi/uber to get home.

Your firm asks you to prepare a Memorandum of Law discussing the potential liability of the Tipsy Tavern for serving a "visibly intoxicated" patron. The partner asking you to prepare the memorandum wants you to focus on the Tipsy Tavern as the proximate cause of Laila's injuries and what must be proved to sustain a cause of action for common law negligence against the Tipsy Tavern. They are also concerned that the owner will claim that the bartender was the person to be charged, as he was the one serving Toller.

Cases to use in your analysis:

Rappaport v. Nichols

Anslinger v. Martinsville Inn, Inc.

Geherty v. Moore

Blair v. Anik Liquors

Lee v. Kiku Restaurant

Tilton v. Brombacher

2A:22A-5. Conditions for recovery of damages,

N.J.A.C. 13:2-23.28 Standard of Liability

N.J.A.C. 13:2-23.1 Prohibition against serving persons under the legal age and intoxicated persons