YOU DRANK THE WINE, DON’T DO THE CRIME

Wilson 2nd-Ayanna Wyatt, Tanna Roberts, Mason Smith, and Blake Evans

Key Figures Sixteen Year Old Danny Foley Seventeen Year Old Paul Welby Paul’s Father – Ed Welby Paul’s Mother- Jean Welby

Witnesses George Snow- owner of George’s Bar and Grill- said that

Jean and Ed Welby walked into his bar and they were already drunk and they drank another five bottles of alcohol before leaving.

Officer Dennis Stokes- witnessed the two boys speeding and the accident

George Baines, M.D.- did surgery on the teen Daniel Foley for having a traumatic brain injury

Jean and Ed Welby

Participants in the case

Ed and Jean Welby- gave the two underage boys multiple glasses of champagne and left the two boys the keys and the car to attend the party

Daniel Foley and Paul Welby- they were both drinking the champagne when they knew the legal consequences, but Paul kept encouraging Daniel to drink, and both ended up suffering from injures due to the accident

What brought this case to trialDaniel Foley and Paul Welby were driving under the influence after Paul’s father and mother gave them multiple glasses of champagne, which resulted in the two boys getting into an accident. The police officer, officer Dennis Stoke, turned on his siren and witnessed the two boys crashing into a telephone pole, throwing Daniel Foley from the window and leaving Paul Welby with scars he will remember for the rest of his life.

Affidavits and Depositions

Affidavits George snow , owner of George's bar and grill Officer on the scene, Dennis Strokes George Baines,M.D. Ellen Foley-mother of Daniel Foley Sharon Legros, English teacher at Webster High School Neal Foley, father of Daniel Foley

Depositions Ed Webley - John Hammonds, attorney Serah Zimmerman Jean Wabley - John Hammonds and attorney Serah Zimmerman Paul Webly - John Hammons and attorney Sarah Zimmerman

Relevant Laws (Based on the Anystate, USA Statute)

Subdivisions 1 and 2 state that it is illegal for any person under the age of 21 to purchase, sell, possess, or consume any amount of alcohol unless it is given to them by their parent or guardian within their own home, and to no one but immediate family.

Relevant Laws

According to Subdivision 4, it is illegal for a minor to operate a motor vehicle in a public place while there is any traceable amount of alcohol in their blood.

The Anystate, USA Statute for social host liability and underage drinking states that if a person over 21 gives alcohol to a minor and the minor causes damages to others, then the person who gave the alcohol to the minors is legally responsible for any damages that occurred.

Jones vs. Anytown Raceway, Inc

To successfully sue a person under the law of “negligence”, you must prove duty, breach of duty, causation, and compensable damages

Duty: The person being sued had a legal duty to take responsible steps to protect the injured person from harm

Breach of Duty: The person being sued failed to carry out that responsibility

Causation: The failure to carry out the duty to take reasonable steps to protect the injured person caused the damage

Compensable Damage: The harm is one recognized by law as deserving compensation

Berry v. Enever

It must be proven that the damage was caused because of the defendant’s negligence

In this case, the illegal providing of alcohol was the direct cause of the defendant drinking and the drinking was the direct cause of the damage

Lu v. Lopez

An accident is considered foreseeable if a person of ordrinary intelligence could see that an accident was possible

White v. Forrest

Parents have the responsibility to have control over their teenager who is 18 years old or younger if they are able to do so and are present to do so

Standing v. Fanicek

There may be a duty to control someone who is not your child if you have a special relationship with that person and are aware that the person might be in danger.

Black v. Ross, Inc.

Whether a person has a responsibility to another person depends on the relationship between them and how clearly the danger or harm can be foreseen

Outcome

Based on this case, the outcome should be that the parents should be held accountable because they provided alcohol to two teenage boys and left them keys to a car to drive afterwards. The negligence by the parents to not foresee the outcome of the situation leads the court to force them to assume responsibility for Danny Foley’s traumatic injuries.

Video Clip

Link to video: http://www.youtube.com/watch?v=qpYq9CBZoKQ&list=PL0F8065E01F5A8790&index=3&safe=active

Works Cited Page http://techcrunch.com/2011/02/01/new-drunk-driving-detection-system-may-be-co

ming-to-all-cars/

http://site.uri-geller.com/gallery/view/uri/uri_geller_s_family_pictures http://www.agefotostock.com/en/Stock-Images/Royalty-Free/GLW-gws231006 http://www.thecal.com/dine/redwood-bar-and-grill http://lapd.com/news/headlines/police_officer_jeff_corbin_creates_new_cop_tv_serie

s_medal_of_valor/

http://www.inflamed-and-untamed.com/post/35208673206/redesign-a-doctors-office-nhbpm-day-7

http://www.miwd.uscourts.gov/COURTROOM%20TECH/judge_bell's_courtroom.htm