Drinking and Driving and Never Arriving Anna GrayTyler Daniel Kris Kim

Facts of the Case  Danny Foley and Paul Welby are friends that had dinner at Paul's house one night  Ed Welby, Paul’s father, brought home four bottles of champagne to celebrate a new promotion  Ed poured a glass for himself, his wife, his son and his sons friend Danny. Both boys are under the drinking age at 16 and 17  Over the course of dinner the boys consumed many glasses of champagne without the adults knowing.

Facts Continued  At the end of dinner, Ed and Jean Welby walked to the neighborhood tavern to further celebrate leaving the boys with the alcohol unattended.  Earlier in the week, Paul was given permission to drive the family car to party that Friday night. He assumed that was still the case.  Danny asked Paul if he was capable to drive and Paul said yes even though he consumed over 6 glasses of champagne.

Facts Continued  Paul was driving down a two-lane highway going over 70 miles an hour with the speed limit being 55.  A state trooper saw the car speeding and proceeded to pull them over. Paul panicked and swerved the car into a tree.  Neither boys were wearing seat belts causing Danny to be thrown through the front window. He suffered multiple head injuries and a broken spine and now permanently lives in a nursing home on a feeding tube.  Paul had a concussion along with cuts and bruises and fully recovered.

Facts Continued  Paul was convicted of driving under the influence by a minor, his license was suspended for 3 months and he was fined $700.  Danny Foley’s parents are suing Jean and Ed for providing the alcohol and allowing him to drive.

Danny Foley- 16 Paul Welby- 17 Jean Welby Ed Welby Darlene Welby Sheirff

Affidavit Information  George Baines M.D.  Danny Foley was in a coma due to traumatic brain injury and is a quadriplegic.  There is no hope for his recovery.  George Snow owner of George’s Bar and Grill  He said Ed Welby looked flustered when he entered that night.

Deposition Information  Ed Welby  All four bottles were opened at once, Paul and Danny opening one each.  He served champagne to his 17 year old son and his 16 year old friend.  He did not remember giving his son permission to use the car  He said he has talked to his son about not drinking and driving before, but did not mention it that night

Deposition Information  Jean Welby  She had given him permission to use the car the week before and confirmed it with him that afternoon.  Paul Welby  He admits to having driven drunk before a couple of times.  He drank without his parents seeing him.  Danny told him to stop when the officer started to pull them over but Paul just panicked.

Relevant Laws  It is illegal for anyone under the age of 21 to drink alcohol, unless it is given to them by a parent in their house.  It is illegal to sell, give, or provide alcohol to anyone under the age of 21.  it is illegal for a minor to operate a motor vehicle in a public place having any alcohol in their system.  The person providing alcohol to anyone under 21 is responsible for any damage or injury caused by that minor.

Relevant Cases  Jones v. Anytown Raceway, Inc.  In order for negligence the plaintiff must prove the defendant had a responsibility that he or she did not meet. Compensation is awarded if there is any damage or injury.

Relevant Cases  White v. Forrest  Parents have the responsibility to have control over their teenager who is 18 years old or younger if they are able to do so and are present to do so.

Effects of Alcohol  Impaired coordination of movement  Errors in judgment about movement, distance, and time  Sedation  Euphoria  Anxiety reduction

Determinants of blood alcohol level (BAL) and blood alcohol concentration (BAC):  How much alcohol is consumed  Age  Gender  Body fat percentage  BAC’s as low as 2% can impair the ability to divide attention between 2 or more tasks

Impact of Alcohol  2 drinks= BAC.05%  Less inhibition  Some change in judgment  Dulled senses  8 drinks= BAC.20%  Significant impact on motor functions  Blacking out

The Effects of Alcohol and Driving 

Outcome  Based on the facts, Ed and Jean Welby should be found guilty of negligence. They provided a minor unrelated to them with alcohol that pretty much ended his life.

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