Wilson 2 nd -Ayanna Wyatt, Tanna Roberts, Mason Smith, and Blake Evans.

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Presentation transcript:

Wilson 2 nd -Ayanna Wyatt, Tanna Roberts, Mason Smith, and Blake Evans

 Sixteen Year Old Danny Foley  Seventeen Year Old Paul Welby  Paul’s Father – Ed Welby  Paul’s Mother- Jean Welby

 George Snow- owner of George’s Bar and Grill- said that Jean and Ed Welby walked into his bar and they were already drunk and they drank another five bottles of alcohol before leaving.  Officer Dennis Stokes- witnessed the two boys speeding and the accident  George Baines, M.D.- did surgery on the teen Daniel Foley for having a traumatic brain injury  Jean and Ed Welby

 Ed and Jean Welby- gave the two underage boys multiple glasses of champagne and left the two boys the keys and the car to attend the party  Daniel Foley and Paul Welby- they were both drinking the champagne when they knew the legal consequences, but Paul kept encouraging Daniel to drink, and both ended up suffering from injures due to the accident

Daniel Foley and Paul Welby were driving under the influence after Paul’s father and mother gave them multiple glasses of champagne, which resulted in the two boys getting into an accident. The police officer, officer Dennis Stoke, turned on his siren and witnessed the two boys crashing into a telephone pole, throwing Daniel Foley from the window and leaving Paul Welby with scars he will remember for the rest of his life.

Affidavits  George snow, owner of George's bar and grill  Officer on the scene, Dennis Strokes  George Baines,M.D.  Ellen Foley-mother of Daniel Foley  Sharon Legros, English teacher at Webster High School  Neal Foley, father of Daniel Foley Depositions  Ed Webley - John Hammonds, attorney Serah Zimmerman  Jean Wabley - John Hammonds and attorney Serah Zimmerman  Paul Webly - John Hammons and attorney Sarah Zimmerman

 Subdivisions 1 and 2 state that it is illegal for any person under the age of 21 to purchase, sell, possess, or consume any amount of alcohol unless it is given to them by their parent or guardian within their own home, and to no one but immediate family.

 According to Subdivision 4, it is illegal for a minor to operate a motor vehicle in a public place while there is any traceable amount of alcohol in their blood.  The Anystate, USA Statute for social host liability and underage drinking states that if a person over 21 gives alcohol to a minor and the minor causes damages to others, then the person who gave the alcohol to the minors is legally responsible for any damages that occurred.

 To successfully sue a person under the law of “negligence”, you must prove duty, breach of duty, causation, and compensable damages  Duty: The person being sued had a legal duty to take responsible steps to protect the injured person from harm  Breach of Duty: The person being sued failed to carry out that responsibility  Causation: The failure to carry out the duty to take reasonable steps to protect the injured person caused the damage  Compensable Damage: The harm is one recognized by law as deserving compensation

 It must be proven that the damage was caused because of the defendant’s negligence  In this case, the illegal providing of alcohol was the direct cause of the defendant drinking and the drinking was the direct cause of the damage

 An accident is considered foreseeable if a person of ordrinary intelligence could see that an accident was possible

 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

 There may be a duty to control someone who is not your child if you have a special relationship with that person and are aware that the person might be in danger.

 Whether a person has a responsibility to another person depends on the relationship between them and how clearly the danger or harm can be foreseen

 Based on this case, the outcome should be that the parents should be held accountable because they provided alcohol to two teenage boys and left them keys to a car to drive afterwards. The negligence by the parents to not foresee the outcome of the situation leads the court to force them to assume responsibility for Danny Foley’s traumatic injuries.

 Link to video: ZoKQ&list=PL0F8065E01F5A8790&index=3&s afe=active ZoKQ&list=PL0F8065E01F5A8790&index=3&s afe=active

 all-cars/ all-cars/     al_of_valor/ al_of_valor/  nhbpm-day-7 nhbpm-day-7 