Put The Drink Down And Remember Your Child

By: Raven Grady, Caroline Craig, and Christian

Relevant Facts of the Case

Key Figures

Jessica Nordeen – Mother James Dixon – Father Kathy Nordeen – Mother of Jessica Dr. Phillip Wilson - psychologist

What Really Happen James and Jessica began dating in

tenth grade and had been together since. In twelfth grade Jessica suspected to be pregnant, but every weekend was out with friends drinking.

She did not find out that she was pregnant until she was three months along

By then Jessica had consumed A LOT of alcohol.

The doctor told Jessica of the risk and how alcohol could harm the baby, but she paid that no attention

Even James tried to get her to stop In the end, baby Seth ended up

with some serious problems. He faced mental retardation

Witnesses

The witnesses in this case would have to be Jessica’s mother, Kathy, and James Dixon

Kathy knew that her daughter was pregnant and consuming alcohol, but did not put a stop to it.

She allowed Jessica to still go out with friends, to still go to parties, and more.

James tried to get Jessica to stop, but while telling her to stop he continued to drink in her face.

What An Outsider Had To Say(Sorry about the way the video is

flipped)

Depositions

A testimony taken down in writing under oath before a trial. Jessica tells she partied on weekends and drinks 4 to 6 beers a night. Even when she found out she was pregnant Jessica still drank. She knew something

but didn’t think it would affect her. Jessica’s mother told her drinking while pregnant is dangerous. She told Jessica that

she shouldn’t drink too much and that her baby could end up retarded. Jessica sees Seth every two to three weeks, although the custody agreement says

weekly. Doctors say if Jessica did not drink while pregnant Seth could’ve been normal. James tried to get Jessica to stop drinking but she never listened.

Fetal Alcohol Syndrome Cases

Case 1: Jones v. Anytown Raceway, Inc. (Anystate 1995) In order to sue someone, the plaintiff must prove the defendant had a responsibility and he

or she did not meet. In order to successfully sue someone under the law of “negligence” the following things must occur: Duty: The person being sued had to have legal responsibility to protect the injured person from harm Breach of duty: The person being sued failed to carry out that duty Causation: Failure to carry out the duty of responsibility to protect the injured caused the damage. Compensable damages: The harm is one recognized by law as deserving compensation

Case 2: Holly v. Anytown Hotel (Anystate 1959)› The defendant being sued does not have to know about someone who might be hurt or in an

accident to be aware that there could be an accident. They also do not have to be aware that a similar accident occurred.

Fetal Alcohol Syndrome Cases

Case 3: Lu v. Lopez (Anystate 1959)› An accident is considered foreseeable if a person of ordinary intelligence could see that an

accident was possible.

Case 4: Jones v. Anytown Community Church (Anystate 1995) › Negligence is doing something an ordinary person would not do in a similar situation.

Negligence is also not doing something a person with ordinary intelligence would do in a similar situation.

Case 5: Black v. Ross, Inc. (Anystate 1989) › Whether a person has responsibility to another person depends on the relationship between

them and how clearly the danger or harm can be foreseen.

Taken To Court

James decided to take Jessica to court due to negligence while being pregnant and for not wanting to put any money away for Seth’s future

Affidavits

A statement in writing that was made under oath. Shelia Michaels M.D and Dr. Phillip Wilson diagnosed Seth with Fetal Alcohol

Syndrome. Seth was born 4 pounds, 14 ounces and was 15 inches long. He has continued to

stay well below average in height and weight. Seth is impulsive to the point where he will put himself in dangerous situations. Due to learning disabilities, Seth has been put in special education where he gets

the help he needs. In Shelia Michael's opinion, Seth is mildly retarded and Jessica Nordeen did admit

she did drink alcohol during her pregnancy and during the first three months.

Outcome of the Case

It is questioned whether or not Jessica should be put behind bars for what she did or receive an order to pay.

Technically it wasn’t all Jessica’s fault, her mom knew about her drinking and could have stopped her.

We believe that Jessica should not go to jail but have to put money away for Seth once a month until he is eighteen.

Works Cited

http://www.visualphotos.com/photo/2x4829382/mixed_race_baby_boy_laying_on_floor_BLD088856.jpg

http://inchesoff.files.wordpress.com/2011/07/2.jpg http://1.bp.blogspot.com/-

m1ND09bd7W8/T7jVr0Jky2I/AAAAAAAACgc/eAG9xIhekmU/s1600/pen_and_paper.jpg

http://gpottslaw.com/wp-content/uploads/2011/03/jail-bars.bmp