Wilburt owns a bar in downtown New Orleans. Wilburt instructs his bartenders to serve anyone regardless of age. However, he tells his bartenders that they are not to serve anyone who is visibly intoxicated. Wilburt hires Chad, a felon with multiple convictions for the crime of Delivery of Alcohol to Minors, to be a bar tender. One night while Wilburt is not at the bar. Jenny who is only 18 comes into the bar. Chad serves Jenny drinks until she is so intoxicated she can barely stand. At around midnight Jenny stumbles out of the bar into the street and is hit by a street car. Jenny is killed instantly. The autopsy shows that Jenny's blood alcohol level at the time of death was .28.

Pretend that you are a plaintiff's lawyer. Jenny's parents have come into your office and want your help. Who would you sue? What would your theories of liability be? Would anyone that you are intending to sue have a potential defense? Could you get around the potential defense?