Brianna Gattuso, Carly Parrish, Jordan Puhnaty, Sandra Megerdigian Fetal Alcohol Syndrome

Facts of the Case

Affidavits An affidavit is a statement in writing made under oath. Shelia Michaels, M.D. (Evaluated Seth when he was born)- Children are not born with fetal alcohol syndrome if the mother does not drink alcohol Geraldine Trainor, M.S.W., Billings Counting Social Services- James feels stuck because he doesn’t have enough financial support. Seth’s teacher suggests a hearing loss test. Gregory Buchner, M.D. (Jessica’s doctor during pregnancy)- Gave Jessica information about drinking while being pregnant, but most alcohol damage beings within the first few weeks of pregnancy. He had no way of telling hoe much she was drinking but if he did he would have put her into a treatment program. Andrew Hunt (Parent of child with FAS)- His wife drank while she was pregnant with their son and he gained full custody of him. He was giving an expiation of his hands on experience of being a parent to a child FAS.

Depositions A deposition is testimony taken down in writing under oath before trial. Grant Harvoth(James Dixon’s attorney), and Sam Sullivan(Jessica Nordeen’s attorney)- in this meeting James attorney questioned Jessica if she knew the effects of drinking during pregnancy's. Jessica replied saying she knew the effects but was unhappy about her pregnancy and didn’t care to take it into consideration.

Applicable Laws Subdivision 1. Consumption It is illegal for anyone who is under 21 to drink alcohol. Subdivision 3. Possession It is illegal for anyone under the age of 21 to possess alcohol with the intent to drink it someplace other than the home of his or her parent or guardian.

Other Cases Case Law 1. Jones v. Anytown Raceway, INC. (Anystate 1995) To successfully sue someone under the law of “negligence” you must prove four things. Duty- taking reasonable steps to protect the injured Breach of Duty- defendant failed to carry out the duty Causation- failure to protect the person who caused the damage Compensable damage- recognized by law James took initiative to raise his son the right way because Jessica failed to fulfill her duty as a man Case Law 2. Holly v. Anytown Hotel (Anystate 1959) Defendant does not have to know how the person was hurt, as long as they know they were hurt She didn’t know the FAS was caused by her consumption of alcohol because she refused to read the pamphlets Case Law 3. Lu v. Lopez (Anystate 1995) Accident considered foreseeable if a person of ordinary intelligance could see that an accident was possible Jessica knew it could hurt the baby, she just didn’t care

Other Cases Case Law 4. Jones v. Anytown Community Church (Anystate 1995) Negligence: not doing something if a person of ordinary intelligence would do in the same situation or not. Jessica was negligent because she still partied when she was pregnant Case Law 5. Black v. Ross, INC. (Anystate 1989) Person having a responbility of another person that they have a relationship with depends on the harm or danger that can be forseen James was trying to be responsible because he knew the outcome and tried to help Jessica

What Should be the Outcome of This Case? James should get full custody of their child, Seth Jessica should pay the inheritance James asked for