Thad Watkins, Jordan LaPorta, and Elizabeth Nichols

Paul Welby and Danny Foley involved in a car accident resulting from reckless driving due to intoxication Danny in a coma and unlikely to ever recover Foleys suing the Welbys for negligence

Paul Welby Son of Ed and Jean Welby 17 years old Danny Foley Son of Ellen and Neal Foley 16 years old Friends for a long time and a year apart in school Families have been friends for years

Paul Welby Danny Foley Ed and Jean Welby Ellen and Neal Foley

Friday, June 7 th Danny ate dinner at Paul’s house Paul and Danny planning to go a party later that night Earlier in week, Paul’s parents agree to let him borrow the car to drive to the party Ed Welby brings home champagne for dinner to celebrate a promotion Ed Welby gives champagne to Danny and Paul and encourages them to drink Paul and Danny continue to drink even when parents are out of the room

Paul and Danny are continually encouraged to drink by the Welbys Ed and Jean Welby leave the house and walk to a tavern to celebrate more Walking because they knew they would be drinking more Left car keys at home Paul takes car keys to drive to party While driving, cop tries to pull Paul’s car over because of bad driving Paul and Danny panic and Paul runs car off the road into a telephone pole

Paul sustained minor injuries which have since healed Danny sustained major injuries Brain damage Broken spine Uses respirator to breathe and feeding tube for nourishment Lives in nursing home Little hope for Danny’s recovery Paul’s BAC when arrived at hospital = 0.14 Paul convicted for driving under the influence as a minor and received maximum sentence

George Snow Owner of George’s Bar and Grill Saw Jean and Ed Welby the night of June 7 th after they left their house Ed not noticeably drunk but flushed when arrived Both drank several alcoholic beverages before leaving Dennis Stokes Officer on scene at the accident Saw Paul’s car weaving and going much too fast Attempted to pull the car over Driver panicked and swerved off the road and hit telephone pole Danny thrown from car and Paul stuck inside immediately after hit

George Baines, M.D. Danny- little to no hope for recovery Ellen Foley Mother of Danny Foley Great emotional and economic stress put on Foleys by this wreck No one to carry on family name Sharon Legros Paul’s English teacher Paul = a good student and could not be a regular drinker Derek Kyle Paul’s friend Paul= a good guy who only occasionally drinks

Dorris Winslow Neighbor to the Welbys Welbys = good citizens and parents Ed = drinks but is not an alcoholic Paul = fine boy Neal Foley Danny’s father Ellen had to take a leave of absence from job = lost her income Ellen= losing weight and still not working Insurance about to run out and will stop paying for medical bills and nursing home costs

Ed Welby Did not think before giving alcohol to son and friend even though underage Did not give any alcohol to 13 year old daughter because she was too young Did not think about Paul borrowing car before deciding to walk to George’s Did not see anything in Paul’s behavior to indicate he was drunk Talked with Paul about drinking and driving before but not that night Aware that Paul sometimes drinks but believes he drinks responsibly Never given alcohol to a friend of Paul’s before

Jean Welby Knew what Paul and Danny were planning to do after dinner Talked about there being gas in the car with Paul but did not, on Friday June 7 th, talk about Paul borrowing the car Boys did not ask for champagne- Ed just gave it to them Aware that the boys are below the legal drinking age Never thought about the fact that the boys would be driving later Not exactly sure how much the boys drank Ed buzzed and herself dizzy when left for George’s Talked about drinking and driving before but not that night

Paul Welby Parents told him several days before he could have the car Friday night Parents have talked with him about drinking and driving before Did not know that it was illegal for minors to drive with any level of alcohol in their system Has driven after drinking a couple beers before but never drunk Thinks this was the first time his father gave him alcohol at home His father may have given alcohol to his friend on a fishing trip Drank more champagne when his parents were not in the room Thought he was ok to drive Knew he was speeding before the accident Did not slow down when Danny told him to

When examining any alcohol related incident it is important to keep in mind laws and regulations concerning BAC In most states (including fictional Anystate) the threshold for what is considered drunk driving for adults is a BAC of 0.08 For Children under the age of 21 the BAC limit is 0.00 Keep in mind that Paul had a BAC of 0.14

Lu v. Lopez Ordinary intelligence Berry v. Enever Defendant’s negligence Jones v. Anytown Raceway, Inc. Negligence Duty, Breach of duty, causation, Compensate damages

Standing v. Janice’s Special relatIonship White v. Forrest Parents responsibility

The facts of this case tip the scale in favor of the Plaintiff Foley To prove negligence first a contractile duty must be established, and second there must be a breach of said duty (Jones v. Anytown). As an expected houseguest in the Welby Home, Danny was their responsibility and they had a legal duty to protect him from harm. That duty was breached when the family provided alcohol to both he and their son and that alcohol was the direct causation of young Danny’s injury (Berry v. Enerver). Such reckless damage could have been easily foreseen by a reasonable person (Lu v. Lopez).

To leave to teenagers under the influence of alcohol with the keys to the car within reach is the very definition of negligence. The argument can and has been made that Danny is not the Welbys’ child and therefore not their responsibility.

This argument however is at odds with the jurisprudence of Anystate Law. In Standing v. Janicek as well as Black v. Ross, this court has held that adults do have the duty to protect a child from foreseeable danger if a special relationship exists. Clearly, Danny and the Welbys were close. Close enough to celebrate and be a guest in their house after being their son’s friend for many years. While in their presence, the Welbys had a duty to protect Danny as much as their own son.

DeSanto, John. Two Teens Hospitalized After Car Crash Record Online - Times Herald-Record, Goshen. Web. 20 Mar Keller, Michael A. Two Teenage Boys Reading a Book. N.d. Corbis Images Web. 20 Mar Arcurs, Yuri. Portrait of lovely middle aged couple sitting together and smiling in a park. N.d. 123RFWeb. 20 Mar Moskovitch, Deborah. How Will You React To Your Ex’s New Love? Divorced Women Online Web. 20 Mar