Drinking and Violence Bentley v. Demsey Jaslyn Jackson, Jasmine Jackson, Keondria Moon, Noah Landry

Characters Alex Jacobs: Stabbed Kirk, boyfriend of Deanna Wells Deanna Wells: girlfriend of Alex Jacobs, ex girlfriend of Kirk Benton Kirk Benton: ex boyfriend of Deanna Wells, stabbed in the lung by Alex Jacobs Eric Howe: host of the keg party in May 28 Lou Dempsey: owner of Lou's Handy Mart and Liquor, sold alcohol to minor, Eric Howe

Events Lou Dempsey sold alcohol to minor, Eric Howe, he did not ask for identification Alex and Deanna went to a keg Party on May 28 Alex out money in a bucket/pile for beer The beer was provided by Lou Dempsey who did not ask for identification from Eric Howe Alex started to drink a lot of beer in a short period of time, and got drunk Kick started picking on Alex and they got into a fight Alex a known violent teenagers, pulled out his pocket knife and stabbed Kirk The ambulance arrived and took Kirk to the hospital to with a wound to the lungs, and the police questioned the kids at the party Alex was found guilty, acting in self defense, and spent some time in jail. He was also ordered to sixty hours of community service. The parents of Kirk Benton talk to Alex Jacobs parents to inform them that they plan to sue the provider of the alcohol, Lou Dempsey for Kirk's injuries.

Affidavits and Depositions Alex's mother was okay with Alex carrying a knife around Lou Dempsey told the attorney that it was not his business what they did with the alcohol. Lou Dempsey gave Eric 16 ounce cups when the standard cup size for drinking alcohol is 12 ounces. Kirk has acted out in violent ways before without the alcohol

Applicable Laws Any state, U.S.A Statute: Persons under 21; illegal acts related to school Subdivision 2. Purchasing and Providing 1. It is illegal to sell, give, or provide alcohol to anyone under the age of 21. Civil Damages Act(1994)- If someone suffers an injury by an intoxicated person in any of the following ways: bodily harm, property damages, financial loss, or ability to work, the person who suffered the injury can sue the person who caused the intoxication based on an illegal sale of alcohol.

Additional Cases Martinez vs. Smith- If someone illegally sells alcohol and the purchaser becomes intoxicated and them does harm to another person, then the seller is liable for the harm. – In this case, Alex Jacobs contributed to the purchase of the alcohol. He then became intoxicated and as a result did harm to Kirk Benton. Because of this, the seller, Lou Dempsey, should be held responsible for the harm done to Kirk Benton. Case Law 2. Hacker v. Any town American Legion No. 600 (Anystate 1992) When an intoxicated person causes harm to somebody after consuming alcohol that was purchased illegally, the seller of any amount of illegally purchased alcohol is liable for resulting damages, if the alcohol that was sold contributed to the cause of the injury. – In this case Lou Dempsey was the seller of the alcohol that was used for the Keg party. Alex Jacobs drank the alcohol and become intoxicated and therefore stabbed Kirk Benton. Since the alcohol that Alex Jacobs drank was from Lou Dempsey, then Lou is responsible for the injuries that Alex caused Kirk.

Alcohol and Violence A new study found that early teen drinkers are more likely to be involved in alcohol- related violence as adults Those who started drinking before age seven-teen were three to four timed more likely to have been in a fight after drinking alcohol at some time in their lives compared to adults who started drinking at the age of twenty one. Heavy drinking is associated with negative consequences including drinking and violence.

Verdict On trial is Lou Dempsey being sued by Kirk Benton. Lou should be held liable for Kirk Benton and his family's: financial loss, bodily harm, and ability to work. Because Alex Jacobs was intoxicated, on illegally bought alcohol, he fought and stabbed Kirk Benton out of self defense. Both boys had been drinking, Alex had never had that much in so short of a time. Alcohol is known for inhibiting a persons self control and causing fights. So without the alcohol present there may have not been a fight in the first place, and definitely not a stabbing. So the real blame is to be put on who gave these underage kids the alcohol in the first place, and the answer is Lou Dempsey. The Civil Damages Act states that anyone who has suffered an injury by an intoxicated person in any of the following ways: bodily harm, property damages, financial loss, or their ability to work, the person who suffered the injury can sue the person who caused the intoxication based on the illegal sale or provision of alcohol. Therefor under state law Lou Dempsey should be held liable for the injuries committed on Kirk Benton by Alex Jacobs, because Alex Jacobs was intoxicated by alcohol illegally sold by Lou Dempsey.