Arrive AliveBy:

Chandler GrossKeelee CrippsAbby Cooper

Andrea Burnett

Facts About the CaseDanny Foley and Paul Welby were best friends

since they were little boysDanny Foley was 16 years oldPaul Welby was 17 year oldDanny went to Paul house for dinnerPaul Welby’s parents are Jean and Ed WelbyDanny Foley’s parents are Ellen and Neal FoleyAlcohol was given to a both minor children

Danny Foley and Paul Welby by Paul Welby’s parents

Fact About the Case continuationPaul Welby was driving over the speed limitPaul Welby was drinking and drivingPaul Welby had an accident and Danny Foley

was injured

Additional Information from AffidavitsGeorge Snow – Jean and Ed Welby went to bar

to celebrate new promotionOffice Dennis Stokes – Blue ford speed and

weaving over line 78 miles per hour, ran off the road and hitting a pole, Danny Foley was thrown from the car; he was unconscious and body was twisted

George Banes, MD – June 7 –Danny Foley has a Traumatic Brain Injury and broken fractures of cervical spine and spinal cord, unable to communicate, little of no hope of recovering

Additional Information from AffidavitsThe Foley’s life are changed for everDanny Foley was the only childDanny Foley’s mother said he is better off deadNeal 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

Information from DepositionsEd Welby – June 7, promoted to supervisor on

jobBrought home 4 bottles of champagne (Jean,

Paul, Danny, and Ed open champagneGave alcohol to minors Paul and Danny and not

his daughterGiven alcohol to Paul before

Information from DepositionsIllegal to provide alcohol to someone other

than your childWent to George’s to celebrateEd and Jean both had a buzzDo not remember given Paul permission to

drive the carThey decided to walk to George instead of

drivingAdvise son not to drink and drive

Identifying Applicable Laws to Case(1) It is illegal for anyone who has a license to sell liquor to let anyone who is under 21 years drink alcohol on his or her property(2) It is illegal for anyone under 21 to drink alcohol. The only exception is if someone under 21 drinks alcohol at the house of his or her parents or guardians with their permission. However, it is against the law for parents or guardians to provide alcohol to their teenagers' friends or other minors in their homes.

Social host liability and underage drinking(1) 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.(2) If the adult who provided alcohol could not have reasonably foreseen any danger to the minor or anyone else, then he or she should not be held responsible.

Related CasesRulings made from many similar

cases from the past would help to point the blame and the fault to the Welby parents, Ed and Jean

Jones v. Anytown Raceway, Inc. In order for the Welby parents to be considered

guilty of negligence, there must have been a responsibility that they did not carry out. They failed to ensure the safety of Danny Foley.

Failure to carry out this responsibility to ensure safety must lead to the harm of the person.The failure of Ed and Jean Welby to make sure

that their son and his friend, Danny were safe, and not driving under the influence directly led to the injury of Danny Foley.

Jones v. Anytown Raceway, Inc. (cont.)The harm that resulted from the accident

must be deserving of compensation according to the lawDanny Foley’s life will never be the same

because of the accident. He cannot walk, move, or communicate in any way. This injury was definitely great enough to be considered deserving of compensation.

Berry v. EneverDamage must be proven to have been caused

by the negligenceThe damage was a direct result of the decision

of the Welby parents to provide their underage so and his friend with alcohol, and fail to ensure that they do not have access to a car.

Lu v. LopezAn accident or damage was foreseeable to

any person of normal intelligenceEd and Jean Welby are both of normal

intelligence, therefore, they could have thought through the potential consequences of giving these minors alcohol, and foreseen that an accident was possible.

White v. ForrestParents have responsibility to be in control of

their child 18 years or younger, if they are present and ableEd and Jean Welby were present and

responsible for giving their son who was under 18 alcohol. Therefore it was their responsibility to ensure his safety.

Standing v. JanicekThere 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.The Welby’s and the Foley’s were long time

friends. Danny Foley was one of Paul Welby’s best friends. The Welby’s knew him well, and they knew that he could potentially be in danger as a result of them providing him with alcohol. Therefore, they were responsible for him.

Relevant InformationA Blood Alcohol Level (BAC) of .02 can have a

great impact on driving. This level of alcohol impairs the ability of a person to multitask, which is a large component of driving.

The legal limit in most states is a BAC of .08 for adults.

The legal limit for minors is 0.Paul Welby’s BAC when he was driving

was .14

Relevant InformationSide Effects of a BAC of .10%

Impairs ability to concentrate, problem-solve, and reason

Exaggerated feelings of anger, fear, and anxietyImpaired ability to retrieve and record finer points

of memoryIncrease in clumsy actions and slurred speechNoticeably slowed reaction time

Keep in mind that Paul Welby’s reaction time was .14% when driving

Relevant InformationPeople who should avoid alcohol:

Children and adolescentsRecovering alcoholics, and people with alcoholism in

their familyPeople who plan to drive, operate machinery, or

take part in other activities that require coordination, attention, and skill

Women who may become pregnant or are pregnantAnyone taking medication that could react with

alcohol

Paul Welby is included in TWO of these groups!

The Outcome of the CaseEd Welby is guilty of given alcohol to a minor

under the age of twenty-one, he did this with knowledgeable there for any injuries or damages that Danny Foley surfer are under the responsibility of Ed Welby

Paul Welby is also guilty of operating a motor vehicle while having alcohol in his system, he will receive a suspension of ninety days from driving privileges.

Find up to seven hundred dollars and a completion of alcohol provision

Work Cited Pagehttp://hoover.mrooms3.net/pluginfile.php/135

53/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

Work Cited Pagehttp://hoover.mrooms.net/pluginfile.php/1355

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8/modresources/content/1/Case%201%20Preparing%20and%20Presenting%20Your%20Case.pdf

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