2. 3 RD PERIOD ASHLEIGH, JOSH, TRAVIS Negligence and Knives

3. People involved Alex Jacobs (17)- Boyfriend of Deanna Wells. Deanna Wells- Girlfriend of Alex Jacobs Kirk Benton - Ex-Boyfriend to Deanna Wells

4. People involved cont. Lou Dempsey - owner of Lou’s Handy Mart. Supplies alcohol to Eric. Eric Howe (18)- Friend of Kirk. Supplies alcohol for keg parties.

5. Back-story Deanna used to date Kirk and would always go out drinking. Deanna changed her lifestyle when her best friend died from a car accident in which she was driving drunk. Alex and Deanna start to date, which doesn’t make Kirk very happy.

6. The Night of The Incident May 28 th, a keg party is planned. Eric Howe(underage) gets the kegs from Lou, owner of Lou’s handy mart. Deanna and Alex stop by the keg party on their way to a movie. After drinking, Alex and Kirk get into a fight which is concluded by Alex stabbing Kirk

7. The Aftermath Alex is found guilty, assigned jail time and community service hours, and also attends counseling. Kirk is in the hospital for 5 days, misses a lot of school, loses his job, his parents have to take off work, and the family pays $2,000 for the hospital stay.

8. The Case Both Alex and Kirk’s parents agree that Lou, who supplied the liquor, should be held responsible for what his illegal actions caused. They are now suing Lou for his role in Kirk’s stabbing.

9. Facts From the Affidavit of John Bemann, High way Patrol On May 28 th Bemann responded to the call of Kirk’s stabbing. Bemann gave Alex a breathalyzer test. The result was a.10%

10. Facts From the Affidavit of Jerry Newman, Sheriff, West County Compliance check- an underage decoy is sent into a store to see if they are asked for age identification when buying alcohol Lou Dempsey has failed two compliance checks. Lou was suggested responsible alcohol training but has yet to attend any training sessions.

11. Facts From the Disposition of Alex Jacobs Alex drank 3 cups of beer. (16 oz each-4 standard servings) Alex has only ever drank once before, where he got sick and threw up. Kirk was provoking him with name calling. Alex had never hurt anybody prior to this incident. Alex believes he acted the way he did because he was drunk.

12. Facts From the Disposition of Kirk Benton Eric Howe supplied the kegs. He obtained them from Lou’s. Kirk was drunk Kirk had thought about fighting Alex before. Kirk missed two weeks of school which dropped his grade point average and lost his job.

13. Facts From the Disposition of Deanna Wells Alex had never been in fights before. Kirk has been in a lot of fights.

14. Facts From the Disposition of Lou Dempsey Lou sold two kegs to Eric on May 28. He did not ask for ID and he knew that Eric was under 21. He believes it was not his business to know what Eric was going to do with the kegs. He also believes it is not his fault that alcohol is a factor in many violence cases. Lou gave Eric a pack of 100 16oz cups. (12 oz is the standard amount for a glass of beer)

15. Facts From the Disposition of Abel Benton (father of Kirk) Kirk’s lung collapsed, and was in the hospital for 5 days. The family paid $2,000 for the hospital stay. Abel missed 5 days of work and his wife missed 12, both without pay. Kirk received three D’s for the 2 weeks he was out. The family has received a large emotion toll as a result of the stabbing.

16. Relevant Facts All of the individuals involved in the stabbing were underage. Lou sold the alcohol illegally and did not consider the possible consequences of his actions. Both Alex and Kirk were under the effects of alcohol during their fight. Both families have suffered financial loss and emotional turmoil from this event.

17. Relevant Laws Anystate, U.S.A. Statute: Persons under 21; illegal acts related to alcohol Subdivision 2. Purchasing and providing (1) It is illegal to sell, give, or provide alcohol to anyone under the age of 21. How this applies-

18. Relevant Laws cont. Anystate, U.S.A. Statute: Civil Damages Act (1994) Subdivision 1. Cause of action If somebody suffers an injury by an intoxicated person in any of the following ways: Bodily harm Property damages Financial loss Ability to work the person who suffered the injury can sue the person who caused the intoxication based on an illegal sale or provision of alcohol. How this applies-

19. Case Laws Case Law 2. Hacker v. Anytown American Legion No. 600 (1992) When an intoxicated person causes harm to somebody else 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. How this applies-

20. Case Laws cont. Case Law 3. Martinez v. Smith (1994) If someone sells alcohol illegally and the purchaser becomes intoxicated and then causes another person harm, the seller is liable for the harm. The intoxication does not need to be the only reason for the harm; it only needs to be a contributing cause for the seller to be legally liable for the harm. How this applies-

21. Case Laws cont. Case Law 4. Splett v. Wheeler (1994) An alcohol seller is not responsible for an injury merely because one person was sold alcohol and happened to cause injury to another person. There must be a connection between the sale, consumption of the alcohol, and the injury. How this applies-

22. Case Laws cont. Case Law 5. Holly v. Anytown Hotel (1959) The defendant being sued for negligence does not have to know about a particular way in which someone might be hurt or in an accident in order to be aware that there could be an accident. Defendants also do not have to be aware that a similar accident has occurred for them to know that there could be an accident. How this applies-

23. Other Relevant Information Alex consumed roughly 48 oz of beer. That is equal to four standard drinks. At four drinks BAC is.10% which is what Alex's breathalyzer results were. At.10% effects can be: Negative impact on ability to concentrate, problem solve, and reason Exaggerated feelings of anger, fear, and anxiety Impaired ability to retrieve and record finer points of memory Increase in clumsy actions and slurred speech Noticeably slowed reaction time How this applies-

24. Why Lou Dempsey is Guilty He knowingly supplied alcohol to a teenager. That alcohol was consumed by both Kirk and Alex. This affected their judgment and led to the fight in which Alex stabbed Kirk. Lou had a responsibility to not sell alcohol to underage clients. Lou also had the responsibility to be aware that the alcohol provided could cause an accident.

25. Lou’s Consequences Lou Dempsey now has a responsibility, by law, to pay for resulting damages. Lou should pay for: The hospital stay Kirk had and any prolonged conditions he might have sustained. The days that Kirk’s parents took off from work. Pay for any counseling either family took. Provide Kirk with the money he would have made working his job Pay a to-be-determined amount of money to compensate for the emotional damage to both families.

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