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RELEVANT FACTS

• Mr Edward gave Paul and Danny each a glass of champagne

• While the parents were in the kitchen they both refilled there glasses

• Before diner even started they had drunk four glasses

• After diner, Paul’s parents left the champagne out and didn’t check to see how much was left

• Paul and Danny had another drink before they left with the keys to the car.

• Paul was on the highway going seventy eight in a fifty five on a two lane.

• When the cop turned on the lights , Paul panicked and lost control swerving into a pole.

KEY WITNESSES

• Danny Foley

• Paul Welby

• Edward Welby (Pauls father)

• Jean Welby (Pauls Mother)

• Ellen Foley

• Neal Foley

• Darlene

AFFIDAVITS

The Foley’s life are changed for ever

Danny Foley was the only child

Danny Foley’s mother said he is better off dead

Neal Foley – Their lives has been a nightmare, used up all of his sick leave and had to take leave without pay. Growing cost of nursing home, wife unable to work because of this accident, she is lost weight and not the same person, They had talked to Danny about drinking and driving and riding with someone who is drinking and

DEPOSITION

Ed Welby – June 7, promoted to supervisor on job

Brought home 4 bottles of champagne (Jean, Paul, Danny, and Ed open champagne

Gave alcohol to minors Paul and Danny and not his daughter

Given alcohol to Paul before

Illegal to provide alcohol to someone other than your child

Went to George’s to celebrate

Ed and Jean both had a buzz

Do not remember given Paul permission to drive the car

They decided to walk to George instead of driving

Advise son not to drink and drive

LAWS TO THE CASE

The laws that have been broken in this case are past fines. Mr. Edward can be accused of consumtion to a minor for letting Danny drink in his house and also can be accused of purchasing and providing because he bought the alcohol and shared it with Danny .

Paul is accused of driving under the influence because he drove a car after he had drunk at least six glasses of champagne.

OTHER CASES

• Berry v. Enever (Anystate 1992)-In order for the Welby parents to be considered guilty of negligence, there must have been a responsibility that they did not carry out.

• White v. Forrest (Anystate 1965)-Parents have responsibility to be in control of their child 18 years or younger, if they are present and able

• Black v. Ross (Anystate 1989)-There may be a responsibility for a child who is not your own if you are aware that the child could be in danger, and have a special relationship with the child.

• Jones v. Anytown Raceway (Anystate 1995)-Damage must be proven to have been caused by the negligence

ADDITIONAL FACTS

• Alcohol is the worlds most commonly used drug.

• It impairs coordination of movement and impaired learning and memory

• Large amounts of alchol can lead to loss of consciousness, coma , or death

• BACs as low as .02 percent can impair a persons ability to divide his or her attention among two or more task.

• The estimated economic cost of alcohol abuse was 184.6 billion for one year alone

• Roughly that is $683 for every man , women , and child living

FINAL OUTCOME

The outcome of this case should be that the Foley family should be guilty for driving under the influence for letting Danny drive the car to the party while he was impaired. Mr Edward has one counts of consumption to a minor for allowing Paul Welby to drink alcohol in their home. Mr. Edward also has a count for purchasing and providing. It is illegal to sell, give, or provide, alcohol to anyone under the age of 21. Also in the social host liability and underage drinking act it states that if a person over the age of 21 years gives alcohol to a minor, knowing that person is under 21 years, and then that minor causes damage or injury, the adult who provided the alcohol to the minor is responsible for any damage or injury caused by the minor.

WORK CITED

http://hoover.mrooms3.net/pluginfile.php/13553/mod_resource/content/1/Case%201%Facts%20of%20the%20Case.pdf

http://hoover.mrooms3.net/pluginfile.php/13554/modresource/content/1/Case%201%Affidavits%20and%20Depositions.pdf

http://hoover.mrooms.net/pluginfile.php/13555/modresources/content/1/Case%201%20Revelant%20Laws.pdf

http://hoover.mrooms.net/pluginfile.php/13556/modresources/content/1/Case%201%20Case%20Law.pdf