tommy elbow room fairbanks alaska tommy elbow room fairbanks alaska

centennial high school graduation 2022 There aren't enough food, service, value or atmosphere ratings for Brinkley Room, Alaska yet. The interior was decorated with photos, news clippings and antiques of early Alaska. In our opinion, neither the statutory definition of "criminal negligence" nor the proposed instruction clearly elucidate the duty of care imposed by AS 04.16.030. When reviewing a trial court's denial of a proposed instruction, our inquiry focuses upon whether the instructions given, when read as a whole, adequately inform the jury of the relevant law.[16]. Tommy's Elbow Room Cabaret, $1.00 Wooden Nickel from Fairbanks Alaska Button. I miss him. se alasks even then there where people that needed Thomasena Baird from Fairbanks, Alaska | VoterRecords.com Became the Gold Rush Saloon. [16] See Searfus v. Northern Gas Co., 472 P.2d 966, 970 (Alaska 1970); Perzinski v. Chevron Chem. It's a huge space, once comprising the fire and police departments, as well as housing offices for the mayor and city officials. including elbow pain, rotator cuff injuries, meniscal injuries, and carpal tunnel syndrome. I cant remember when was the last time ive overcome such a good blog that almost all articles/posts were interesting and wouldnt regret spending my time reading it. Apartments for Rent in Fairbanks AK - 106 Rentals | Apartments.com To schedule a room, or for more information, phone us at 907-474-7481. motions on three different issues. Under AS 04.21.080(b)(7) the term "drunken person" is defined as: In arguing that the superior court erred by denying the J.N.O.V. Pricing Per-Room (0) Pricing Per-Unit (8) Amenities. 1 In Kavorkian I, we upheld the superior court's decision to give a standard proximate cause instruction over Kavorkian's objection. 1960 1983. FAIRBANKS ALASKA'S ONE OF A KIND BUTCHER SHOP & ITALIAN GROCER - TOMMY G'sThank you for joining me today, Many Blessings to all of you and your Families.TO S. During the pipeline era, downtown was home to dozens of bars too many, the city decided, and eventually most of them were driven out. Tommy's Elbow Room, Inc. - 694 P.2d 160. Surprised I found this site. Under the circumstances of this case, however, the court can instruct as a matter of law that, for the purposes of determining the proximate cause issue, the injuries resulted from Pears' intoxication. His driving, both between Los Amigos and Hill's house and between Hill's house and Tommy's, was "fast and reckless." At the service station Pears was staggering and slurring his words. The building was condemned by the Fairbanks City Council and torn down in 1968. On October 5, 1981, Richard Pears finished work at 4:30, lingered there for a beer, and then went to Los Amigos, a Fairbanks bar, to watch Monday Night Football. 2022 Anchorage Daily News. It awarded damages against Pears, who had admitted his negligence, as follows: Kavorkian thereafter moved for a new trial against Pears and for J.N.O.V. John V. Acosta and Marcus R. Clapp, Hughes, Thorsness, Gantz, Powell & Brundin, Fairbanks, for appellants and cross-appellees. I'm a homebody," Schiff said. Tommy's Elbow Room, Inc., 711 P.2d 521, see flags on bad law, and search Casetext's comprehensive legal database . Kavorkian thereafter moved for J.N.O.V. [1] In Kavorkian I, we upheld the superior court's decision to give a standard proximate cause instruction over Kavorkian's objection. Built in 1896, an outpost for the gold miners in the area. Anyone want to e-mail me it is gregmccl@bellsouth.net Hope to hear from someone soon, A follow up to gregmccl@bellsouth.net This is Greg again please notify me of update comments. In 1989, Nordstrom shut down, a hugely symbolic loss for locals. Businesses drifted away from downtown. Im really surprised its closed.. I guess those fishermen found somewhere else to unwind! The superior court refused to give two of Kavorkian's proposed instructions, which were intended to supplement the statutory definitions of "drunken person" and "criminal negligence." [Is Fairbanks' decrepit Polaris Building finally nearing demolition?]. In Pierce v. Albanese, 144 Conn. 241, 129 A.2d 606, 612 (1957), the court explained as follows: Connecticut's approach is not atypical. Enhance this page - Upload photos! Elbow Room closed its doors | Deadliest Reports Eagle-Lavelle pointed out to a mostly vacant parking garage across the street. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Latitudes was just a block or two down the street . Discussion in 'Gaming Discussion' First off, this "official" list was debunked the moment it started since Kid Icarus Uprising was still in the development stages when this list was "leaked" from 4Chan. Tommy's Elbow Room Cabaret, $1.00 Wooden Nickel from Fairbanks Alaska Before that time, however, Costello had seen Hill playing foosball with a man, and had served her drinks at the bar which she took back to the foosball table. I thought scenes from the elbow room,latitudes, were awesome. Too bad its not there anymore. Meanwhile, the trial court dismissed the common-law claims against Tommy's, holding that the legislature's comprehensive revision of the dram-shop statutes had eliminated the common-law cause of action. The superior court based its ruling on Yukon Equipment, Inc. v. Gordon, 660 P.2d 428, 433 (Alaska 1983), where this court recognized that "the `but for' rule [of causation] is inapplicable *166 in the situation where two or more forces operate to bring about an injury.". He also offers arthritis treatment, ACL repair . As such they may have imperfections or flaws which I try very hard to describe accurately. The Elbow Room is now the site of a new shared workspace, the Hub . I hardly ever went there but I liked the idea that it was there and Im sorry it closed. Signup for our newsletter to get notified about sales and new products. Tommy G's Meat & Sausage, Inc. was registered at alaska on 20 Jan 2021 as a business corporation. (Rugile Kaladyte / Alaska Dispatch News). (2) the alcoholic beverages are provided to a drunken person in violation of AS 04.16.030. Be one of the first to write a review! They both testified that he seemed fine, not drunk. You're all set! While crossing the street, they were stopped by two Fairbanks policemen, Sergeant Miller and Officer Stepp. I was lucky enough to get to spend a few nights here and there at the Elbow Room when we went in to offload our catch. I am a girlfreind of the man(Mr.Dan Akers) and the other person in the picture was his girl at the time this picture was taken(Tyna Stymp), I was a jeoulos girlfreind and destroyed that picture memory for them and Iam trying to make it rite, please tell me there is a way to make a copy of this picture,because I need to replace it. Id. "I think downtown, in this statewide downturn, is probably going to do better than most parts of the community," he said. His 22-year-old son McKay, his 22-year-old . Polaris Lounge: First Avenue and Lacey Street, 1953 1986 and 416 Second Avenue, 1974 - 1997. The issue of proximate cause was addressed twice during the trial. tommy elbow room fairbanks alaska This is a single blog caption. "Downtown used to be really cool here in Fairbanks. Ralph and Sarah Kavorkian and Fred and Martha Brantingham filed suit in the superior court against Pears, Los Amigos, and Tommy's Elbow Room. But he believes downtown may have an edge. [9] Testimony concerning Pear's condition shortly before and after his visit to Tommy's is circumstantially relevant to the determination of Pear's condition at Tommy's. Its kind of sad to think an era has come and gone. independently. Reiterating its prior ruling at a later stage in the trial, the superior court relied on Nazareno v. Urie, 638 P.2d 671, 677 (Alaska 1981), where we stated that: Kavorkian argues that the superior court's rulings "established as a proximate cause of the fatal collision the drinks Tommy's served Pears that evening." Is Fairbanks' decrepit Polaris Building finally nearing demolition. However, the phrase "gross deviation from the [reasonable person] standard of care" does give the jury rough guidance. KIALs Charles Homans stopped by for the bars last hurrah on Saturday night, and filed this story. Toms Inn: Mile 273 Richardson Highway, 1956 1999. He ran into Marie[2] Kavorkian's Datsun, killing her and Tonya Brantingham, and seriously injuring Sarah Kavorkian, Marie's 20-year old daughter. Kathy Hill, who spent a substantial portion of the evening with Pears, testified that Pears was staggering when they arrived at her house. statute, AS 28.35.030. (Rugile Kaladyte / Alaska Dispatch News). Post author: Post published: June 8, 2022 Post category: best psychiatry programs sdn Post comments: sikh funeral programme template sikh funeral programme template was Dutch Harbor. *161 John V. Acosta and Marcus R. Clapp, Hughes, Thorsness, Gantz, Powell & Brundin, Fairbanks, for appellants, cross-appellees. Wooden Logger's Hat. On the issue of whether Tommy's' actions had been a legal cause of the accident, the superior court ruled, during the trial, that Tommy's would not be able to introduce evidence that the drinks Tommy's served Pears could not have contributed to his level of intoxication. I went up to Dutch Harbor with college friends back in the summer of 1979 to make money for tuition. Hey, I got kicked out of that bar! All of our beef is Certified Angus Beef, USDA Choice or better, making it truly the best of the best. LOL. Flame Room: 505 1/2 Second Avenue, 1948 - 1970. vui v mua sm - an tm cht lng; multi family homes for sale elk grove, ca. However, even though Kavorkian failed to propose a correct instruction at trial, counsel's argument in support of his motion for directed verdict on proximate cause, in our view, adequately brought the issue to the attention of the superior court. i love this cotton yarn patterns. Home; Company; Disciplines; Portfolio; Careers; Contact Us; Webmail; Newforma Sarah Kavorkian, and Fred Brantingham, Individually and as Father and Best Friend of the Deceased, Tonya Brantingham, and Martha Brantingham, Appellants, Cross-Appellees, The last night was a fun time . Tommy Joseph Exhibit | Alaska State Museum You already receive all suggested Justia Opinion Summary Newsletters. 1, p. 16 (1980). Atlanta, Georgia 30328 | 877.481.5750. See Nazareno v. Urie, 638 P.2d 671, 673 & n. 1 (Alaska 1981). Fairbanks Distilling Co. started producing vodka made from locally produced potatoes in May 2016. The plaintiffs (hereinafter Kavorkian) also sought punitive damages against all defendants. Unusual behavior for a fisherman, dont you think?! tacca chantrieri facts. Pasttime: 101 Cushman (First Avenue and Cushman), 1943 - 1983. If I remember correctly, I think Sig Hansen mentioned he lost his innocence at that bar during one of the After The Catch shows. "I knew it was going to be hard, but I didn't know it was going to be that hard," Arlette Eagle-Lavelle said of opening her business in January 2016. it as it was i would bet a lot of them would pay $5.00 Chena Bar: 701 First Avenue (First and Barnette), 1941 -1945 and 407 Second Avenue, 1953 1978. Cottage Bar: 504 Second Avenue, 1942 - 1950 and 501 Second Avenue, 1951 2007. I would have loved to visited it again. Pears broke a lotion bottle while using Hill's bathroom. Tommy's Elbow Room 49th Star Fairbanks Alaska Ashtray . Downtown quieted. This is a glass ashtray that is approximately 6" by 4" and 1 1/2" tall. Beautification efforts are rolled into the construction. Seems to me it houses the hardest working people anywhere. Included in the first edition of Notorious Bars of Alaska. Home. Sign up for our free summaries and get the latest delivered directly to you. tommy elbow room fairbanks alaska BosqueReal desde 162 m 2 Precios desde $7.7 MDP. ." Kavorkian v. Tommy's Elbow Room, Inc. :: 1985 :: Alaska - Justia Law Had too much fun and got addicted to making good money, so we went back for king crab season and a few more seasons. But he drove north to Airport Road, east to the Steese Highway, and then north on the Steese. It used to be called the Elbow Room, a bar that was synonymous with the high-rolling, often violent culture of Bering Sea crab fishing in the late 70s and early 80s. "We're going to be aging our whiskey down in the drunk tank," Levy said. Mile 115 Steese Highway, 1933 1970. PRE-ORDER SHOP. Downtown is perfect for Levy. 1. The first burst of growth was in World War II with the military's arrival, Cole said. including elbow pain, rotator cuff injuries, meniscal injuries, and carpal tunnel syndrome. . Levy worries that the state's alcohol tax may rise; Eagle-Lavelle says they'll change their menu if they need to. Those were the days. Rooms may be scheduled for UAF departmental meetings, individual class meetings, thesis defenses, teleconferences, interviews, seminars . The spot is right for her down the street isthe popular fine-dining restaurant Lavelle's, run by Eagle-Lavelle's mother and stepfather. I worked up in Dutch Harbor in 1979/80. Millers Cave: Northway Airport, 1961 2012. Fairbanks, AK Weather Conditions | Weather Underground Your blog is amazing! The resort re-opened briefly in 2004. Lloyd Hoppner and Joseph L. Paskvan, Rice, Hoppner, Brown & Brunner, Fairbanks, for appellee and cross-appellant. Jalapeno Pepperjack Snack Sticks . Most of my items are used and collectible, bought at estate sales. Three more witnesses testified about Pears' condition at the scene of the accident. Nazareno v. Urie, 638 P.2d 671, 677 n. 10 (Alaska 1981). tommy elbow room fairbanks alaska . See reviews, photos, directions, phone numbers and more for Elbow Room locations in Fairbanks, AK. But the convention center was never realized. I have many fond memories of the Elbow Room and many It's walkable, good for tourists. I have a 2 bedroom 980sq apartment located off university avenue close to Fred Meyer and Safeway. Alaskan Murder-Suicide Family Seemed 'So Happy' Says - LifeDaily Downtown Association of Fairbanks executive director David van den Berg points to different sections of downtown Fairbanks that have undergone development. The number id for this entity is 10152868. Tommy Phillips in Alaska. We left with a sad heart and a long way to to sail back to Ireland via the north east passage. But long before that it was the infamous Elbow Room, a place that was known from coast to coast as the rowdiest bar in the U.S. Theres plenty of stories about it, it was written about in novels, it has its own website,and I imagine it will be talked about for several generations. city of san diego street classification map; blackrock russell 2000 index fund g1; 3610 atlantic ave, long beach, ca 90807; eternal water heater lawsuit; A series of fortunate events July 20, 2020. Joseph, a noted totem pole carver, was readying himself to raise a totem pole in Sitka, and he realized he needed a hat to keep the rain off his head during the ceremony. [9] Joseph Wotopka, who saw Pears leave Los Amigos, described him as "wasted", and saw him bang into a table on his way out. Contact us at 206-258-7776 or visit us at 1275 Sadler Way Ste, STE 101, Fairbanks, AK 99701: Orthopaedic Surgical Associates, LLC. Posted on November 8, 2007 by opilia. But theTaphouse also sits in the shadows of the vacant Polaris Building, the tallest building in Fairbanks. Home Page | Fairbanks Alaska Add a photo. gimme a call or have someone send an email I am a musician, and I played in the Elbow many times before 2000, when I came home to stay. The legislative history of AS 04.16.030 supports Kavorkian's argument that the statute does impose an affirmative duty on the employees. All rights reserved. Money poured into the pockets of pipeline workers, who fueled a massive explosion of bars downtown. By the 1980s, the city pushed back. Sidewalks are maintained. [1] In Kavorkian I, we upheld the superior court's decision to give a standard proximate cause instruction over Kavorkian's objection. We could never afford the Unisea, so hung out in the elbow room. Page 1040 Juries are routinely asked to evaluate degrees of negligence and recklessness no more clearly delineated than those described by this statute. *162 Pears and Hill walked away from the truck until the police were out of sight. Comet Club: 208 Gaffney Road, 1957- 2015. Richard Monsey, who found Pears in his truck after the crash, watched him do a "back flip" out of the passenger door and land on his feet. Find 1 listings related to Elbow Room in Fairbanks on YP.com. Kavorkian v. Tommy's Elbow Room, Inc. - plainsite.org Still around? In Nazareno a bar patron was injured when another patron (Welch) collided with her on the dance floor. Indeed, another passage in the legislative history of AS 04.16.030 specifically states: Senate Journal, Supplement No. tommy elbow room fairbanks alaska; ash manor school teachers. Nevada Bar: 605 First Avenue, 1938 1971. Have a little p.from 26810459 . Weather Underground provides local & long-range weather forecasts, weatherreports, maps & tropical weather conditions for the Fairbanks area. Ralph Kavorkian is Marie Kavorkian's widower and Sarah Kavorkian's father. if the building of the old elbowroom is still there Ill miss the stories. Our Products. [3] A blood alcohol level of over .10 percent establishes a conclusive presumption of intoxication under Alaska's D.W.I. Zelda Sanctuary Flame Room: 505 1/2 Second Avenue, 1948 - 1970. 23, Vol. or a new trial against Tommy's. at 677. ", Street scene along Second Avenue in Fairbanks; signs for five bars and a liquor store are visible, including the Fairbanks Bar, Flame Lounge, Social Club, Savoy Bar, and the Chena Bar. . (2) the alcoholic beverages are provided to a drunken person in violation of AS 04.16.030. The superior court decided to give only a standard proximate cause instruction. Built in 1902, one of the most visited roadhouses in Alaska. Hill urged Pears to stay there, and not drive home. I actually feature that bar in the sequel to my book. tommy elbow room fairbanks alaska - waterfallguesthouse.co.za Get a great Fairbanks, AK rental on Apartments.com! Washington Saloon: First Avenue and Lacey Street, 1904 1917. The bar. Tower House: 1909 1917 and 1934 XXXX. Have a little piece of Tommy's Elbow Room, it's all closed up now! motion as to the issue of proximate causation. Add any text here or remove it. were erroneous as to proximate cause. Before BURKE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and MOORE, JJ. Moved to Peger Road and became a sports bar. Whether his failure to observe Pears more closely before serving him alcohol "constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation," AS 04.21.080(a)(1), is a question for the jury. Our Products | Tommy G's Meat & Sausage Company - Leadership - Design Alaska In so holding, we adhere to the policy set out in Nazareno v. Urie, 638 P.2d 671, 677 (Alaska 1981), where we said: We therefore hold that the superior court's failure to properly instruct the jury *524 on the issue of proximate cause constituted plain error. We worked for Pan Alaska and lived on the barge. De leukste blogs over honden en huisdieren example@gmail.com. [4] See also Nolan v. Morelli, 154 Conn. 432, 226 A.2d 383, 386 (1967). He plans to eventually grow his operation to include whiskey and gin. Jim, I spent a couple seasons on the Mr B also in the mid 80s and lot of time in the elbow room sad to hear she is gone, I do like the idea that some one said make it a musum man there are some tales to be told and memories scribed into ever wall and table including my name, I am attempting to find out if the Mr B is still running, and if so who owns her these days, got a son ready to ship out LOL it was a good solid ship then figure she still is if anyone knows please contact me, Sheryl.Crowe@gmail.com or on facebook just search for my email address, back then it was sheryl Nelson single and having a great time, worked hard played hard and would not change a single thing, it was probably one of the best times of my life!! We concluded that despite testimony indicating Welch was intoxicated at the time he was served drinks at Urie's bar, this did not negate "an inference that drinks served to Welch after he was intoxicated contributed substantially to his continuing intoxication" and thus a reasonable jury would not be precluded from finding the defendant Urie responsible for the injury that took place. In 1927, workers found $8,500 in twenty dollar gold pieces in the walls of the old saloon. Listen to this audio file as Charles Homans bids farewell to the famous watering hole. Dreamland: 537 First Avenue, 1944 1960. I did later meet another very patient police officer that same nite, woke-up the next morning w/ owner of boat and manager of Uni-Sea, TV was smashed over my head, very nice desk in the pond. But I cant even remember the name of the family that owned the place back then. See Pepsi Cola Bottling Co. v. Superior Burner Service Co., 427 P.2d 833, 837 (Alaska 1967) ("if the defective, or erroneous, requested instruction directs the court's attention to an issue which the jury has not been instructed upon but which is necessary to enable the jury to intelligently determine the case, `the court's error in failing to charge may not be excused by technical defects in a request to charge'") (citations omitted). "When the heart ofFairbankskind of collapsed was after the pipeline," Terrence Cole said. I am looking for a third roommate to take the last bedroom in my house. Articles, Cigar Bands: The Collectible You Didnt Know Was a Thing. 2014 - Another survivor of Second Avenue, sort of. Grimes v. Haslett, 641 P.2d 813, 819 (Alaska 1982). On a petition for review, this court reversed that ruling without an opinion. Get free summaries of new Alaska Supreme Court opinions delivered to your inbox! FAIRBANKS Lavelle's Taphouse is unassuming from the street, tucked inside a small building on SecondAvenue. Fairbanks North Star Borough, 569 P.2d 178 (Alaska 1977) (1 time) View All Authorities Share Support FLP . In light of the applicable standard of review, under which this court is not to weigh conflicting evidence or to judge the credibility of witnesses, *165 Grimes v. Haslett, 641 P.2d at 819, we conclude that reasonable jurors might well have disagreed about whether Pears was a drunken person within the meaning of the relevant statutes. I remember the prettiest girl there was Vicki Shapsnikoff. Trusted Board Certified Orthopedic Surgeon serving Fairbanks, AK. . Civil liability of persons providing alcoholic beverages. Required fields are marked *. 1983), in which the court of appeals affirmed Pears' conviction for second-degree, "extreme indifference", murder. Any of yall knew him? A person who provides alcoholic beverages to another person may not be held civilly liable for injuries resulting from the intoxication of that person unless the person who provides the alcoholic beverages holds a license authorized under AS 04.11.080 04.11.220, or is an agent or employee of such a licensee and. Businesses and city officials see the decrepit building as an obstacle to economic development; prime real estate is being occupied by a hazardous eyesore, they say. Tommy G's Meat & Sausage, Inc. | Alaska Company Directory Gift Cards. Photo courtesy of Charles Homans/KIAL News. tommy elbow room fairbanks alaska. . Ralph KAVORKIAN, Individually and as Personal Representative of the Estate of Gladys Marie Kavorkian. It is in great condition! (Rugile Kaladyte / Alaska Dispatch News). Causation was properly a question for the jury.[19]. Savoy Bar: 414 Second Avenue, 1938 1968 and 423 Second Avenue, 1968 - 1993. I,m sorry to hear it closed I would have loved to have gone there someday. I never got to visit him there. I worked for East Point and had as many friends among the dog pack as I did in the packing plant. images I wish I could upload; not only of the Elbow Room but of the Read more. Sarah Kavorkian, and Fred Brantingham, Individually and as Father and Best Friend of the Deceased, Tonya Brantingham, and Martha Brantingham, Appellants, Cross-Appellees, at 677, n. 10. Anyway, times have certainly changed! The bar closed its doors once and for all the following day. Unfurnished room in a house. USDA PRIME Picanha. In Hill's opinion, Pears' reckless driving that evening was due not to a lack of control over the truck, but rather to his disregard for the rules of the road. It had tamed quite a bit by then and one of the Norwegians tried to grab a waitress. 23, Vol. [6] Since a general verdict was used, this error necessitates a new trial. clia classifies laboratories based on. If you didnt, you didnt stay around for long.. Oh well. I wonder how many others went through such lifetime milestones in there? Please visit Tommy G's to shop the selection. Kavorkian's subsequent petition for rehearing . Kavorkian proposed the following instruction: The superior court refused to give this proposed instruction. (1) sell alcoholic beverages to a drunken person. Strippers, prostitutes, and. I cant believe I found this site. motion on the issue of whether Pears was a "drunken person". 909 Tommy St, Fairbanks, AK 99712 | realtor.com Id. Tourists who disembark from buses quickly walk in the opposite direction of the loomingstructure, Eagle-Lavelle says. In light of the legislative history and Costello's testimony, we hold that reasonable jurors might well have disagreed on whether Tommy's acted with criminal negligence in serving Pears alcohol. [18] In fact, an identical definition of "criminal negligence" appears in the state criminal code. Celebrating 20 Years in Law Enforcement! Further, in Nazareno we explicitly stated that although a jury could so conclude, it "would not be compelled to so so." On Second Avenue, the change is visible. Im gonna go break some glass right now in honor of the no glass policy last time I was there was to have a drink for a lost brother (RIP Kyle Smith 94), Peace Brother ! Patrons pack the dance floor at Latitudes one last time on Saturday, November 3. Borealis Basecamp, Fairbanks. tommy elbow room fairbanks alaska . Then they returned to the truck, and drove off, with Pears at the wheel. See Walton v. Stokes, 270 N.W.2d 627, 628 (Iowa 1978); Annot., 97 ALR 3d 528, 545-51 (1980). [7] Some uncertainty surrounds the question of how Pears got his first drink at Tommy's that night. Brown Brunner, Fairbanks, for appellee and cross-appellant. OPINION ON REHEARING. Modeled after the Red Dog Saloon in Juneau, featuring a rinky-tink piano and Can-Can girls. The Unisea just finished up a major remodel of the Sports bar on Tuesday and it looks great . Paypal only, please. The City of Fairbanks is excited to host its first-ever Citizen Engagement. Costello, the bartender, testified that he did not become aware that Pears was in the bar that night until Pears was leaving. Nor is it clear that the proposed instruction reflects the intended meaning of the statutory definition; the legislative history is silent on this issue.