By: Hunter Anthony, Madison Vacarella, Nicole Glick, and Maddy Vines Case 1: Foley v. Welby By: Hunter Anthony, Madison Vacarella, Nicole Glick, and Maddy Vines

Reading of the Facts of the Case

What are we trying to prove? In the Foley v. Welby case, we are trying to show the jury that Ed and Jean Welby had a responsibility to use reasonable care to prevent injury to Paul and Danny yet failed because of their irresponsible behavior and let to the injuries of Danny and Paul.

Key Figures: Paul Welby: 17, Junior Danny Foley: 16, Sophomore Edward Welby: Promoted to supervisor of his division, provided the champagne Jean Welby: Paul’s mother Darlene Welby: 13, father wouldn’t let her drink

Paul and Danny

State Trooper Only witness to accident. Caught Paul driving 78 mph in a speed limit of 55 mph with Danny in the car; turned on his sirens and followed the car; Paul lost control of the car and hit a telephone pole.

Events that took place on that night Ed & Jean provided alcohol (4 bottles of champagne) for minors to celebrate Ed’s promotion Paul refilled the glasses when his parents went into the kitchen; Danny didn’t want anymore because he was already feeling lightheaded Ed encouraged the boys to drink up and eat a good dinner when he returned to the table Ed and Jean forgot to put away champagne and didn’t see how much was left before they went to celebrate at the neighborhood tavern; they walked because they were going to drink more; left car keys at home.

Paul and Danny were supposed to go to an end-of-the-school-year party after dinner and Ed and Jean forgot about their plans No one told paul that he could not use the family car because he had been drinking Paul and Danny both had another glass of champagne before him and Danny took the keys and got in the car Danny asked Paul if it was okay to drive and Paul assured him the champagne didn’t have much alcohol in it

Paul was driving 78mph in 55 mph speed limit Paul and Danny panicked when they heard the police sirens following behind them Paul lost control of the car and swerved into a telephone pole Danny and Paul were not wearing seat belts Danny was thrown from the car

Aftermath Paul injuries: Concussion, several cut and bruises, bruised ribs and broken arm, fully recovered Danny’s injuries: Spine Broken, multiple head injuries, coma since crash, lives in nursing home, little hope of recovery, cost of care bankrupt his family Car was a total loss Paul’s blood alcohol level was a .14 (limit in their state is 0 for minors)

Paul was convicted of driving under the influence by a minor, license was suspended for three months (max sentence under the law) Paul was fined $700 and had to complete an evaluation for alcohol dependency Danny’s Parents Ellen and Neal Foley sued Jean and Ed Welby for providing Paul with alcohol and allowing him to drive, which resulted in Danny’s injuries

The effects of alcohol Alcohol affects the entire body The amount of alcohol consumed determines the amount of damage placed on the body

Alcohol in this case Alcohol consumed by the minors in the case is a serious issue. Paul doesn’t ingest alcohol often because he is a minor and the fact that his age is low also effects him that much more in a negative way. According to the National institute for Alcohol Abuse and Alcoholism, just one or two drinks can cause blurred vision, slurred speech, slower reaction times, impaired memory, and loss of balance. Short-term effects disappear when the individual stops drinking, but these short term effects can cause major problems while present. Obviously Paul experienced the more serious side of this statement. For the person who is drinking, the above impairments may be hardly noticeable at the time, but the slow reaction times that they can produce could prove fatal in a emergency driving situation lie Paul had. That’s why it is not a good idea to drive no matter how much or how little that you have had to drink.

In all 50 states, the legal limit for drunk driving is a blood alcohol concentration (BAC) level of .08. A 120-pound woman can reach a .08 BAC level after only two drinks and a 180-pound man can be at .08 after only four drinks. A “drink”, as we have learned, is either one shot of liquor, a five- ounce glass of wine or one beer, all of which contain the same amount of alcohol. At a .08 BAC level, drivers are so impaired that they are 11 times more likely to have a single vehicle crash than drivers with no alcohol in their system. But 25 years of research has shown that some impairment begins for both males and females even after one drink. From the case information we know that Paul’s BAC was .14, this is .12 over the limit for adults with the legal limit for minors being zero.

.02 BAC Level At the .02 BAC level, experiments have shown that people exhibit some loss of judgment, begin to relax and feel good. But tests have also shown that drivers at the .02 level experience a decline in the ability to perform two tasks at the same time.

.05 BAC level At the .05 BAC level, people begin to exhibit exaggerated behavior, experience loss of small-muscle control– such as being able to focus their eyes quickly– have impaired judgment, lowered alertness and a release of inhibition If someone with a BAC level of .05 gets behind the wheel, they would be operating the vehicle with reduce coordination, a further diminished ability to track moving objects, more difficulty in steering and a markedly reduced response in emergency

.08 BAC Level When someone drinking is approaching the borderline of legal intoxication, studies show that he or she has poor muscle coordination– affecting their balance, speech, vision, reaction time and hearing – find it more difficult to detect danger, and exhibit impaired judgment, self-control, reasoning ability and memory. A driver with a .08 BAC level will find it more difficult to concentrate, judge the speed of the vehicle, experience reduced information processing capability and exhibit impaired perception.

The Safe Limit For this reason, in some states drivers can be arrested for driving while impaired even if their blood alcohol concentration is lower than the legal limit, if the law enforcement officer believes he has probable cause based on the behavior and reactions of the driver. It’s simply not a wise choice to get behind the wheel no matter how much you have had to drink. The only safe driving limit is .00 percent.

Applicable laws to the case

Case Law #1: Jones v. Anytown Raceway, Inc. (Anystate 1995) In order to sue someone for negligence, the person suing must prove that the defendant had a responsibility he/she did not meet. Failure to protect the injured person, caused the damage The harm caused is recognized by law as a deserving compensation

Case Law #4: White v. Forrest (Anystate 1965) Parents have the responsibility to have control over their teenager who is 18 years old or younger

Case Law #5: Standing v. Janicek (Anystate 1984) There is a duty to control someone who is not your child if you have a special relationship with he/she and know the person might be in danger Case Law refers to rulings that are made by judges when they view cases

Twenty-First Amendment Subdivision 1: Consumption Illegal for anyone to allow someone under 21 to drink alcohol on his/her property if they have a license to sell liquor Illegal for anyone under 21 to drink alcohol Against the law for parents or guardians to provide alcohol for minors in their homes

Subdivision 2: Purchasing and Providing Illegal to sell, give, or provide anyone under 21 with alcohol

Subdivision 4: Driving under the influence of alcohol by a minor Illegal for a minor to operate a vehicle in a public place with alcohol in his/her system Penalty for first offense is suspension of license for 90 days, fine up to $700, and completion of an alcohol evaluation

Anystate, USA Statue: Liability If a person over 21 gives alcohol to a minor, and the minor causes damage, the adult who provided the minor with alcohol is responsible for the damage or injury caused

Conclusion In conclusion it only makes sense to find Ed and Jean Welby, the parents of Paul Welby, guilty of being negligent when they gave Champagne to Danny Foley and to their son , Paul, and allowed Paul to drive.