Fetal Alcohol Syndrome Makayla Johnson Trey McCombs Isaiah Johnson Hieu Tran

Case Background James and Jessica began dating, and eventually Jessica ended up pregnant. Even though she was told not to, she kept drinking throughout her pregnancy. The child, Seth, came out extremely small and was a very difficult child to handle. The stress caused James and Jessica to get divorced with James being awarded full custody. As Seth began going to school, he had very noticeable behavioral issues and his teacher suggested he be looked at by a psychologist.

The psychologist diagnosed him with Fetal Alcohol Syndrome as well as slight mental retardation and helped James see what programs Seth would need as he got older. These programs were very expensive and would not be able to be afforded by James alone. He learned that Jessica had received a large inheritance check and and asked that half the money be put in a trust fund for Seth. Jessica refused saying her drinking did not cause Seth's retardation.

Affidavit and Deposition Affidavit of Geraldine Trainor, M.S.W., Billings County Social Services "I think he will always need to live in some type of assisted-living situation.” The recommended assisted living will cost a lot of money, more than James can provide alone.

After being questioned about drinking before she found out about the baby, James Dixons attorney asked… GH: And what about after you found out that you were pregnant? JN: I still drank. I guess I knew something about not drinking when you're pregnant, but I didn't think it would affect me.

The doctor gave her pamphlets on drinking. She said she read them and this is what she knew. JN: I just knew that if you drank a lot, it might affect the baby…And I only got really drunk a couples of times.

GH: Did anyone else tell you that drinking might be harmful to the baby? JN: My mom GH: What did she say? JN: She said I shouldn’t drink so much, that my baby could end up retarded.

Case Laws The ruling of case law 1 (Jones vs. Anytown Raceway, inc.) states that negligence is the act of not performing a duty that one is responsible for despite knowing ones responsibility to carry out that duty. Jessica damaged the health of her child by continuing to drink while pregnant.

As stated in Case Law 2 (Holly vs. Anytown Hotel) Jessica didn't have to know exactly how the baby would be affected, just that it would be to be considered negligent.

As case law 5 (Black vs. Ross, inc.) states, the responsibility to carry out a duty depends on the relationship between the two parties. Since Seth was 100% dependent in his mother while in the womb, she had the highest level of responsibility when it comes to his well being.

Verdict Jessica Nordeen should be required to put half of the money she received from her grandfathers inheritance check into a trust fund that will help James pay for Seth’s care in the future. She was negligent to the care of Seth before he was born by drinking while pregnant, even though she was aware of the harm, and told by numerous people not to drink.

Discussion Is it fair to have Jessica give half of her inheritance to put into a trust fund for Seth?