1. Got Drunk? Case 4: Allen v Block
Anna Ferguson, Patrick Pechi, Greg Rogers, Alex Guzman

2. The Facts:
Seventeen-year-old Nicole Allen went to a party at twenty-two-year-old Melissa Blocks house
Melissa was known for partying
At the party Melissa introduced Nicole to her boyfriend Franks younger brother, Kyle Sowell
and gave each of them beer.
Kyle and Nicole continued to talk and drink throughout the night

3. The Facts Continued:
Melissa and Frank brought the two a couple more drinks
The two of them then leave the house for what Nicole thinks to be a casual walk
Melissa & Nicole
Kyle & Frank

4. Continued..
Kyle began forcing himself on her against her will and ultimately raped her
Nicole called her sister to tell her what had happened, then went home and told her parents
Nicole and her parents decided to press charges against Kyle

5. Facts Continued:
Kyle was convicted of second degree criminal sexual assault and sentenced to three months in jail with two years probation, mandatory counseling, and a $3,000 fine
Nicole’s parents believed that Kyle should be held responsible but they also believed he himself was set up by his brother and Melissa Block
They decided to sue Melissa for negligent provision of alcohol

6. Affidavits and Depositions:
An affidavits is a statement in writing that is made under oath
A deposition is a testimony taken down in writing under oath before a trial

7. Affidavit of Laura Allen, sister of Nicole Allen
“I know Nikki, and I know she wouldn’t have gotten herself in a situation like that if she hadn’t been drinking”

8. Affidavit of Dan Post, friend of Kyle Sowell
“That’s just not Kyle”
“I guess I can’t say what he would or wouldn’t do if he was drunk.”

9. Affidavit of Estelle Lafond, clerk at Lucky’s Liquor Store
“I sold seven cases of beer and four cases of wine coolers to Melissa Block”
“She’s a regular costumer”

10. Affidavit of Nancy Strommen, past girlfriend of Kyle Sowell
“That doesn’t seem like Kyle”

11. Deposition of Nicole Allen
“Melissa gave both of us beers”
“Kyle got each of us another beer and then Melissa gave me a wine cooler”
“If I’d known what I’d been doing I wouldn’t have even been kissing him”
“He was just out of control and I was scared”

12. Deposition of Kyle Sowell
“I mean sometimes I drink, but not very much”
“I was really drunk. I didn’t know what I was doing”
“Did Frank and Melissa give you beers during the party?”
“A couple of times, I guess”

13. Deposition of Melissa Block
“Where you aware that by providing alcohol to people under the age of twenty-one, you were breaking the law?”
MB- “I guess so”

14. Applicable Laws: Anystate, U.S.A. Statute:
Persons under 21; illegal acts related to alcohol
It is illegal for anyone under 21 to drink alcohol. The ONLY exception is if someone under 21 drinks alcohol at the home of his or her parents or guardians with their permission
It is illegal to sell, give, or provide alcohol to anyone under the age of 21

15. Anystate, U.S.A. Statute:
Civil Damages Act (1994)
The person who suffered the injury can sue the person who caused the intoxication based on an illegal sale or provision of alcohol

16. Anystate, U.S.A. Statute:
Social host liability and underage drinking
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 cases damage or injury, the adult who provided the alcohol to the minor is responsible for any damage or injury caused by the minor

17. Other cases with bearing on the outcome of Allen v Block:
Case Law 1: Jones v. Anytown Raceway, Inc. (Anystate 1995)
In order to sure someone for negligence the plaintiff (person suing) must prove the defendant (person being sued) had a responsibility that he or she did not meet.

18. Case Law 6: Hegland v. Walcheck
The intoxication does not need to be the only reason for the harm; it only needs to be a contributing cause for the seller or person illegally providing to a minor to be legally liable for the harm.

19. Background Information about Alcohol:
Negative Consequences:
Liver disease
Many different types of cancer
Damage to the heart and brain
Injuries and violence
Estimated that alcohol is one of the causes of 20% - 30% of violent crimes and 3%- 4% of property crimes.

20. Girls and Women are more affected by alcohol than boys and men, even when they are the same size of weight.
People who should avoid alcohol completely:
- children and adolescents
- people who plan to drive
- women who may become pregnant or who are pregnant
- anyone taking prescription or over-the-counter medications

21. Sexual Assault:
Acquaintance Rape: rape committed by someone the victim knows
Alcohol Involved Rape: rape in which the perpetrator, the victim, or both are under the influence of alcohol at the time of the incident
Date Rape: rape committed by someone that the victim is dating
*Although alcohol is used in 90% of sexual assault cases, it is not classified as a date-rape drug under state law*

22. What should be the outcome of this case?
Melissa should be held partly responsible for what happened to Nicole that night. She clearly violated every applicable law in that she illegally provided alcoholic beverages to someone under the age of 21 and one of the intoxicated minors caused physical and mental injury to another. The laws distinctly point out that the injured, in this case Nicole, has the right to sue.

23. A Current Rape Case..
Please take time and watch the video linked below!

24. THE END.