1. Alison, Toderick, Tiaria, and Corei

2.  Danny Foley (Son)  Paul Welby (Friend)  Edward Welby (Father)  Jean Welby (Mother)

3.  Plaintiff  Its Illegal for Anyone under the age of 21 to drink alcohol the only exception is if that person drinks at the home of his or her parent or Guardian with their permission. Its against the law for the parent or guardian to provide alcohol to the teenager’s friends or other minors  It is illegal for a minor to operate a motor vehicle in a public place while having any detectable amount of alcohol in his or her system  If a person over the age of 21 gives alcohol to a minor knowing that person is under 21 years then that minor causes damage or injury the adult of the minor that gave the alcohol is responsible for any injury or damages  Defendant  If the adult who provided the alcohol could not foreseen the danger to the minor or anyone else then he or she should not be held responsible

4.  In June, Danny Foley had planned to eat at the Welby’s house that Friday night.  Edward Welby received a promotion that day and was ready to celebrate.  Edward brought home multiple bottles of champagne to celebrate with the family.  The champagne was opened and the Welby’s let their son and his friend drink the champagne, although they are underage.  After Edward and Jean left to go to the bar, Danny and Paul took the car out and went to a party at a friends house.  A cop caught the boys speeding and turned on his lights. The boys swerved off the road and hit a light pole.  Neither of the boys were wearing seat belts.  Paul suffered a concussion and multiple cuts and bruises. Several broken/bruised ribs and a broken arm.  Danny lives in a nursing home and receives nourishment through a tube. The cost of this treatment has nearly bankrupt his family.  Danny will most likely never recover.  Danny’s parents are suing Jean and Ed Welby for providing the boys with alcohol and allowing them to drive.

5.  The officer on the scene says that he clocked the boys’ car at seventy-eight miles per hour.  When he put on his siren it looked like the boys panicked  They swerved and hit a pole  Both were hurt pretty badly  The ambulance came in 10 minutes and the car was a total wreck  George Baines, M.D., says that Daniel Foley sustained a traumatic brain injury, resulting in a coma.  Fractures of the cervical spine and spinal cord resulting in quadriplegia  Dependent on a respirator and receives nourishment through a gastrostomy tube  There is little or no hope of recovery.

6.  The plaintiff should win the case because there are more laws and support towards the plaintiff point of view  Welby’s are responsible because they allowed the Danny a minor to consume alcohol that was not their child  They also allowed there son to drink and drive which lead to the damages to Danny and Paul

7.  Ellen Foley, mother of Daniel Foley was robbed of her only child.  Says she will never be the same.  Ellen blames it more on the Welby’s than her son.  Sharon Legros, English teacher at Webster High School says that Paul is a very responsible boy.  Says he is a good student and seems to be well-liked by others.  The accident has really changed him.  Neal Foley, father of Daniel Foley says that their lives have become a nightmare since Daniel’s accident.  They are using up all of their vacation and sick time and are rapidly losing money.  He says they will never be able to keep up with the nursing home costs.  Neal wonders why Paul decided to get in the car.

8.  Ed Welby  Says that he gave the boys alcohol, but did not think much of it.  Walked to George’s Bar and Grill instead of driving.  Says that he has talked to Paul about drinking and driving, but not the night of the accident.  Says he has never given any of Paul’s friends alcohol before.  Jean Welby  A few days before, Paul asked if he could drive to the party the night of the accident.  Says she is aware that Paul and Daniel are younger than the legal drinking age.  She is not sure how many glasses the boys had.  Does not think Paul has ever driven after drinking.

9.  Paul Welby  Says he asked for the car a few days before  His parents have talked to him before about drinking and driving  Says he has never driven drunk before  Says him and Daniel had more champagne when his parents went in the kitchen  Daniel did not drink as much because he said he felt dizzy  Paul said he thought they would be fine although Daniel said to slow down.  Paul has tried to visit Daniel a few times before the lawsuit started.

10.  Case Law 1: (Any state 1995)  In Order For someone to sue a plaintiff must have proof that the defendant causes harm or any kind of damage.  Case Law 2: (Any State 1992)  In a negligence case the damage that was chosen must be proven.  Case law 3: (Any state 1995)  An accident is considered foreseeable if a person of ordinary intelligence could see that an accident was possible.  Case Law 4: (Any state 1965)  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.  Case Law 5: (Any state 1984)  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 the person might be in danger.  Case Law 6: (Any state 1989)  Weather a person has a responsibility to another person depends on the relationship between then and how clearly the dangers or harm can be foreseen.

11.  Two Drinks: Blood alcohol concentration.05 percent  Less inhibition  Dulled senses  Four Drinks: Blood alcohol concentration.10 percent  Negative impact on ability to concentrate, problem-solve, and reason  Noticeably slowed reaction time  Eight Drinks: Blood alcohol concentration.20 percent  Significant impact on motor functions  Impairment of judgment, perception, and ability to retrieve and record memories  Twelve Drinks: Blood alcohol concentration.30 percent  Impairment of brain’s ability to manage even basic bodily functions  Confusion  Blacking out  Passing out  Traffic crashes in the United States involving alcohol killed more than 16,000 people in one year alone, averaging one death every thirty-two minutes  Alcohol related traffic deaths and injuries cost the country more than $45 billion in lost economic productivity and hospital and rehabilitation costs  The National Highway Traffic Safety Administration estimates that laws setting the minimum drinking age at twenty-one years have saved 20,043 lives since 1975