By: Raven Grady, Caroline Craig, and Christian

 Jessica Nordeen – Mother  James Dixon – Father  Kathy Nordeen – Mother of Jessica  Dr. Phillip Wilson - psychologist

 James and Jessica began dating in tenth grade and had been together since. In twelfth grade Jessica suspected to be pregnant, but every weekend was out with friends drinking.  She did not find out that she was pregnant until she was three months along  By then Jessica had consumed A LOT of alcohol.  The doctor told Jessica of the risk and how alcohol could harm the baby, but she paid that no attention  Even James tried to get her to stop  In the end, baby Seth ended up with some serious problems.  He faced mental retardation

 The witnesses in this case would have to be Jessica’s mother, Kathy, and James Dixon  Kathy knew that her daughter was pregnant and consuming alcohol, but did not put a stop to it.  She allowed Jessica to still go out with friends, to still go to parties, and more.  James tried to get Jessica to stop, but while telling her to stop he continued to drink in her face.

 A testimony taken down in writing under oath before a trial.  Jessica tells she partied on weekends and drinks 4 to 6 beers a night.  Even when she found out she was pregnant Jessica still drank. She knew something but didn’t think it would affect her.  Jessica’s mother told her drinking while pregnant is dangerous. She told Jessica that she shouldn’t drink too much and that her baby could end up retarded.  Jessica sees Seth every two to three weeks, although the custody agreement says weekly.  Doctors say if Jessica did not drink while pregnant Seth could’ve been normal.  James tried to get Jessica to stop drinking but she never listened.

 Case 1: Jones v. Anytown Raceway, Inc. (Anystate 1995)  In order to sue someone, the plaintiff must prove the defendant had a responsibility and he or she did not meet. In order to successfully sue someone under the law of “negligence” the following things must occur:  Duty: The person being sued had to have legal responsibility to protect the injured person from harm  Breach of duty: The person being sued failed to carry out that duty  Causation: Failure to carry out the duty of responsibility to protect the injured caused the damage.  Compensable damages: The harm is one recognized by law as deserving compensation  Case 2: Holly v. Anytown Hotel (Anystate 1959) › The defendant being sued does not have to know about someone who might be hurt or in an accident to be aware that there could be an accident. They also do not have to be aware that a similar accident occurred.

 Case 3: Lu v. Lopez (Anystate 1959) › An accident is considered foreseeable if a person of ordinary intelligence could see that an accident was possible.  Case 4: Jones v. Anytown Community Church (Anystate 1995) › Negligence is doing something an ordinary person would not do in a similar situation. Negligence is also not doing something a person with ordinary intelligence would do in a similar situation.  Case 5: Black v. Ross, Inc. (Anystate 1989) › Whether a person has responsibility to another person depends on the relationship between them and how clearly the danger or harm can be foreseen.

 James decided to take Jessica to court due to negligence while being pregnant and for not wanting to put any money away for Seth’s future

 A statement in writing that was made under oath.  Shelia Michaels M.D and Dr. Phillip Wilson diagnosed Seth with Fetal Alcohol Syndrome.  Seth was born 4 pounds, 14 ounces and was 15 inches long. He has continued to stay well below average in height and weight.  Seth is impulsive to the point where he will put himself in dangerous situations.  Due to learning disabilities, Seth has been put in special education where he gets the help he needs.  In Shelia Michael's opinion, Seth is mildly retarded and Jessica Nordeen did admit she did drink alcohol during her pregnancy and during the first three months.

 It is questioned whether or not Jessica should be put behind bars for what she did or receive an order to pay.  Technically it wasn’t all Jessica’s fault, her mom knew about her drinking and could have stopped her.  We believe that Jessica should not go to jail but have to put money away for Seth once a month until he is eighteen.

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