By: Sarah Mitchell, Hampton Rogers, Ashley Scharf, David Smith, and Megan Wood.

Slides:



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Presentation transcript:

By: Sarah Mitchell, Hampton Rogers, Ashley Scharf, David Smith, and Megan Wood

 Edward Welby brought home champagne and let Danny(16) and Paul(17) drink  Paul Welby drank five glasses of champagne, Danny Foley had at least two glasses  Paul’s parents previously gave Paul permission to drive their car  Ed and Jean Welby left their house without taking the keys to their car and without telling Paul he wasn’t allowed to drive

 Paul went 78 in a 55 speed limit zone and swerved of the road and hit a telephone pole  Danny was thrown from the vehicle resulting in cervical spine and spinal cord fractures causing quadriplegia and a traumatic brain injury that left him in a coma  Paul had a blood alcohol level of.14(the legal limit for an adult is.08- the legal limit for minors is 0)

 Ed Welby: Father of Paul Welby; provided minors with alcohol  Jean Welby: Wife of Ed Welby; previously gave boys permission to drive the car that night  Paul Welby: Son; had five glasses of champagne then drove and wrecked impairing his friend, Danny.

 Neal and Ellen Foley: Parents of Danny Foley; suing the Welbys for their son’s injuries  Danny Foley: Friend of Paul Welby; also drank and then got in the car with an intoxicated driver(Danny); was thrown from car and serioulsy injured during wreck  Police Officer: Witnessed the car wreck

 The wreck and Danny’s injuries  The fact that Paul’s parents gave minors alcohol and left them unsupervised with access to a vehicle

 Dennis Stokes: Police officer that witnessed the wreck; noticed car was speeding and swerving and began to pursue  George Baines: Doctor who treated Danny; stated that Danny sustained a traumatic brain injury resulting in a coma; also sustained fractures of the cervical spine and spinal cord. Daniel is dependent on a respirator and receives nourishment through a feeding tube. Not likely to recover

1. It is illegal for anyone under 21 to drink alcohol. The only exception is if someone under 21 drinks alcohol at the home 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 home.  It is illegal for Ed and Jean to provide Danny with alcohol.

2. It is illegal to sell, give, or provide alcohol to anyone under the age of 21. The only exception to the purchasing and providing sections of the law is if the parents or guardians of minors give alcohol to them in their own homes. However, it is against the law for parents or guardians to provide alcohol to their teenagers’ friends or other minors in their homes.  It was illegal for Ed and Jean to provide alcohol to Danny in their home.

3. 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.  Ed and Jean Welby knowingly provided minors (Paul and Danny) with alcohol. Paul, while driving under the influence, crashed his vehicle, injuring Danny. According to the law, Ed and Jean Welby are responsible.

Rasdall vs. Florida  2 eighteen year old girls went to the club  Accepted drinks offered by bartender  Left and were approximately a mile from their dorm when the driver ran off the interstate and killed the passenger  Driver was charged with DUI manslaughter

Alred vs. Oklahoma  Seventeen year old boy was driving home at 4 in the morning with a friend in the passenger seat(16)  Driver drove off the road and hit a tree  Killed passenger  Charged with manslaughter and under aged drinking

 Traffic crashes in the US involving alcohol killed more than 16,000 people in one year alone, averaging 1 death every 32 minutes.  Motor vehicle crashes are the leading cause of death for year old Americans, according to the National Center for Health Statistics. In 2000, 3,594 drivers years old were killed and an additional 348,000 were injured in motor vehicle crashes. Of those killed 30 percent had been drinking.

 Alcohol related traffic deaths and injuries cost the country more than 45 billion in lost economic productivity and hospital and rehabilitation costs.  The victims of alcohol impaired driving are often the innocent: In one year, 40 percent of those killed in drunk driving crashes were people other than the drinking driver. Most of those killed were passengers in the car with the drinking driver, followed by passengers in cars hit by the drinking driver, and then pedestrians hit by the drinking driver.  The National Highway Traffic Saftey Administration estimates that laws setting the minimum drinking age at 21 years have saved 20,043 lives since 1975.

 We believe the parents should be held responsible. They gave their son, Paul, permission earlier in the week to drive to the party and because they did not address the fact that he had been drinking and shouldn’t drive Paul assumed that it would be okay. When the parents left the keys at the house they enabled the boys to drive under the influence. Because of their talk earlier in the week, it was forseeable that the boys could cause damage under the influence. Since the damage was forseeable the parents must be held accountable for their actions.

     car-crash-to-my-insurance-company/ car-crash-to-my-insurance-company/  issue/the-band-aid-of-affirmative-action/ issue/the-band-aid-of-affirmative-action/  eid= _12_a11_cutlin eid= _12_a11_cutlin   jurisdiction-versus-personal-jurisdiction jurisdiction-versus-personal-jurisdiction