Dixon v. Nordeen: A Case Involving Fetal Alcohol Syndrome A PowerPoint By: Ashley Garner Victoria Lawson Madelyn Shelton

A Preface.

A Brief Overview of Fetal Alcohol Syndrome Caused by drinking any amount of alcohol at any time during pregnancy. Characteristics of a child with FAS: ▫Small birth weight and size ▫Face and head deformities ▫Developmental delays ▫Mental retardation

The Facts.

What had happened was… Unplanned reproduction under the influence of alcohol while in high school ▫Two high school seniors ▫James Dixon and Jessica Nordeen Hard core partiers during pregnancy Decide to keep baby and get married ▫Plan to live happily ever after ▫Name son Seth

Happily Never After Jessica disregarded her doctor’s, family’s, and fiancé's advice and continued to hard core drink during pregnancy Marriage ended three years after baby’s birth James has sole custody of Seth ▫Jessica doesn’t take her parental roles seriously by not visiting

Seth Born small and slightly deformed Slow development Disabilities in learning and socializing ▫Easily distracted ▫Irritable and fussy ▫Very active Psychologist and Physician determine he has fetal alcohol syndrome

A Legal Interpretation.

The Prosecution: James Dixon Suing Jessica for negligence resulting in fetal alcohol syndrome Wants money from Jessica to start a trust fund to finance future medical expenses brought about by fetal alcohol syndrome

The Defendant: Jessica Nordeen Claims she was not aware of the pregnancy for the first three months Claims it cannot be proved Seth’s condition is a direct result of her actions

The Legal Precedent Jones v. Anytown Raceway, Inc. (Anystate 1995) ▫Plaintiff must prove the defendant had a responsibility that he or she did not meet in order to sue for negligence. Holly v. Anytown Hotel (Anystate 1959) ▫Defendant being sued for negligence does not have to know about a particular way in which someone might be hurt or in an accident to know that an accident could occur. ▫Also do not have to be aware that a similar accident has occurred for them to know that there could be an accident. Lu v. Lopez (Anystate 1995) ▫Accident is foreseeable if a person of ordinary intelligence could see that an accident was possible. Jones v. Anytown Community Church (Anystate 1995) ▫Negligence is doing something a person of ordinary intelligence would not do in the same situation. ▫Also not doing something a person of ordinary intelligence would do in the same situation. Black v. Ross, Inc. (Anystate 1989) ▫A person’s responsibility to another person depends on the relationship between them and how clearly the danger or harm can be foreseen.

To Sum It All Up The defendant is GUILTY. Jessica has no case. ▫Should have to pay half the inheritance to support her child.

The Moral of the Story Don’t have sex. Don’t drink. Don’t get pregnant. Don’t drink while pregnant. Don’t get married as a senior in high school. Support you illegitimate children. Make wise decision.