By: Chandler Gross Keelee Cripps Abby Cooper Andrea Burnett

Facts About the Case Danny Foley and Paul Welby were best friends since they were little boys Danny Foley was 16 years old Paul Welby was 17 year old Danny went to Paul house for dinner Paul Welby’s parents are Jean and Ed Welby Danny Foley’s parents are Ellen and Neal Foley Alcohol was given to a both minor children Danny Foley and Paul Welby by Paul Welby’s parents

Fact About the Case continuation Paul Welby was driving over the speed limit Paul Welby was drinking and driving Paul Welby had an accident and Danny Foley was injured

Additional Information from Affidavits George Snow – Jean and Ed Welby went to bar to celebrate new promotion Office Dennis Stokes – Blue ford speed and weaving over line 78 miles per hour, ran off the road and hitting a pole, Danny Foley was thrown from the car; he was unconscious and body was twisted George Banes, MD – June 7 –Danny Foley has a Traumatic Brain Injury and broken fractures of cervical spine and spinal cord, unable to communicate, little of no hope of recovering

Additional Information from Affidavits The Foley’s life are changed for ever Danny Foley was the only child Danny Foley’s mother said he is better off dead Neal Foley – Their lives has been a nightmare, used up all of his sick leave and had to take leave without pay. Growing cost of nursing home, wife unable to work because of this accident, she is lost weight and not the same person, They had talked to Danny about drinking and driving and riding with someone who is drinking and

Information from Depositions Ed Welby – June 7, promoted to supervisor on job Brought home 4 bottles of champagne (Jean, Paul, Danny, and Ed open champagne Gave alcohol to minors Paul and Danny and not his daughter Given alcohol to Paul before

Information from Depositions Illegal to provide alcohol to someone other than your child Went to George’s to celebrate Ed and Jean both had a buzz Do not remember given Paul permission to drive the car They decided to walk to George instead of driving Advise son not to drink and drive

Identifying Applicable Laws to Case (1) It is illegal for anyone who has a license to sell liquor to let anyone who is under 21 years drink alcohol on his or her property (2) It is illegal for anyone under 21 to drink alcohol. The only exception is if someone under 21 drinks alcohol at the house of his or her parents or guardians with their permission. However, it is against the law for parents or guardians to provide alcohol to their teenagers' friends or other minors in their homes. Social host liability and underage drinking (1) If a person over the age of 21 years gives alcohol to a minor, knowing that person is under 21 years, and then that minor causes damage or injury, the adult who provided the alcohol to the minor is responsible for any damage or injury caused by the minor. (2) If the adult who provided alcohol could not have reasonably foreseen any danger to the minor or anyone else, then he or she should not be held responsible.

Related Cases Rulings made from many similar cases from the past would help to point the blame and the fault to the Welby parents, Ed and Jean

Jones v. Anytown Raceway, Inc. In order for the Welby parents to be considered guilty of negligence, there must have been a responsibility that they did not carry out. They failed to ensure the safety of Danny Foley. Failure to carry out this responsibility to ensure safety must lead to the harm of the person. The failure of Ed and Jean Welby to make sure that their son and his friend, Danny were safe, and not driving under the influence directly led to the injury of Danny Foley.

Jones v. Anytown Raceway, Inc. (cont.) The harm that resulted from the accident must be deserving of compensation according to the law Danny Foley’s life will never be the same because of the accident. He cannot walk, move, or communicate in any way. This injury was definitely great enough to be considered deserving of compensation.

Berry v. Enever Damage must be proven to have been caused by the negligence The damage was a direct result of the decision of the Welby parents to provide their underage so and his friend with alcohol, and fail to ensure that they do not have access to a car.

Lu v. Lopez An accident or damage was foreseeable to any person of normal intelligence Ed and Jean Welby are both of normal intelligence, therefore, they could have thought through the potential consequences of giving these minors alcohol, and foreseen that an accident was possible.

White v. Forrest Parents have responsibility to be in control of their child 18 years or younger, if they are present and able Ed and Jean Welby were present and responsible for giving their son who was under 18 alcohol. Therefore it was their responsibility to ensure his safety.

Standing v. Janicek There may be a responsibility for a child who is not your own if you are aware that the child could be in danger, and have a special relationship with the child. The Welby’s and the Foley’s were long time friends. Danny Foley was one of Paul Welby’s best friends. The Welby’s knew him well, and they knew that he could potentially be in danger as a result of them providing him with alcohol. Therefore, they were responsible for him.

Relevant Information A Blood Alcohol Level (BAC) of.02 can have a great impact on driving. This level of alcohol impairs the ability of a person to multitask, which is a large component of driving. The legal limit in most states is a BAC of.08 for adults. The legal limit for minors is 0. Paul Welby’s BAC when he was driving was.14

Relevant Information Side Effects of a BAC of.10% Impairs ability to concentrate, problem-solve, and reason Exaggerated feelings of anger, fear, and anxiety Impaired ability to retrieve and record finer points of memory Increase in clumsy actions and slurred speech Noticeably slowed reaction time Keep in mind that Paul Welby’s reaction time was.14% when driving

Relevant Information People who should avoid alcohol: Children and adolescents Recovering alcoholics, and people with alcoholism in their family People who plan to drive, operate machinery, or take part in other activities that require coordination, attention, and skill Women who may become pregnant or are pregnant Anyone taking medication that could react with alcohol Paul Welby is included in TWO of these groups!

The Outcome of the Case Ed Welby is guilty of given alcohol to a minor under the age of twenty-one, he did this with knowledgeable there for any injuries or damages that Danny Foley surfer are under the responsibility of Ed Welby Paul Welby is also guilty of operating a motor vehicle while having alcohol in his system, he will receive a suspension of ninety days from driving privileges. Find up to seven hundred dollars and a completion of alcohol provision

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