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Published byBrianne Mills Modified over 9 years ago
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FACTS OF THE CASE Danny Foley, age 16, friends with Paul Welby, age 17 Paul’s dad, Edward, gets a promotion Celebrate with champagne, lets the kids drink Kids sneak a few extra glasses Edward and wife, Jean, walk to the neighborhood tavern Leave keys at home Paul takes car with Danny to go to a party Paul sees that he is being pulled over Causes him to wreck Crashes with blood alcohol level of.14 Danny in coma Paul broken arm and ribs
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Why bring this to trial? This is being brought to trial because Danny Foley’s parents are suing Paul Welby’s. The Welby’s are responsible for the Foley’s child’s condition.
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AFFIDAVITS George Snow (owner of bar Welby’s visited): stated the Welby’s seemed to be noticeably intoxicated. Dennis Stokes (officer on the scene): says the car was weaving and speeding Neal Foley (father): has gone 2 weeks without pay due to visiting his sick (only) child, Elle Foley (mother): says their family will never be the same
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APPLICABLE U.S.A Stature – Subdivision 1: the only exception to giving a minor alcohol is if it’s your own child and in your own home. You can not give alcohol to any minor that is not your child. – Subdivision 4: you can not operate a motor vehicle with any alcohol in your system if you are a minor
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OTHER CASES Berry v. Enever – Illegal providing of alcohol lead to damage White v Forrest – You have to control your child if he or she is 18 or younger if you are able to or present to
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OTHER INFO A BAC as low as.02 can impair your ability to do a simple task A.10 BAC can cause fear and anxiety, lack of concentration, and/or slowed reaction time
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OUTCOME Edward Foley should go to jail because he bought the alcohol, and offered it to a minor that was not his child. He also left his intoxicated child at home with keys to a motorized vehicle. Jean Foley should be fined for allowing a minor that is not her child to drink in her home. She should not be arrested due to the fact that she has a child to take care of.
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PEOPLE Edward Welby Jean Welby Danny Foley Paul Welby
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