Drinking and Driving On Trial

Its Not Always The Kids FaultChris Griffith, Charlie Doyle, Chris Fort

What Happened?Two boys, Paul and Danny, were provided with alcohol by Pauls parents, Ed and Jean Welby.After the parents left the house, the boys took Pauls parents car to a party and crashed it into a telephone pole.Paul suffered mild injuries, while Danny was left in a coma and a quadriplegic.Paul Welby17 year old boy who was offered alcohol from his parents.His friend, Danny also drank with him and his family.After his parents left, Paul drove Danny and himself to a party.When a police officer clocked him for speeding, Paul panicked and crashed into a telephone pole.He was left with mild injuries.Danny Foley16 year old boy who drank alcohol with his friend Paul and his parents.Left with Paul in Pauls parents car to go to a party but crashed.Was left with severe injuries, including quadriplegia, and is now in a coma.Doctors say he will most likely stay in this state for the rest of his life.Ed and Jean WelbyEd was given a promotion at work and decided to celebrate by bringing alcohol home.He and his wife drank the alcohol, along with their son, Paul, and his friend, Danny.They left the house to go to a local bar.They had prior knowledge of Pauls plans to drive himself and Danny to a party.Neal and Ellen FoleyDid not know that Paul and Danny were going to be drinking alcohol and then driving.Now they are struggling to pay for Dannys treatment at a nursing home.Ellen has not gone to work since the accident.Affidavits and Deposition FactsDannys mom is completely distraught and says that it is a huge financial burden on their family and blames it mostly on the Welbys. Paulss mom claims she told Paul that he could dive the car on the day of the wreck, but that she just got too caught up in other things to tell him not to drive once she noticed he had been drinking.

Laws Relevant to CaseIt is illegal to sell, provide, or give alcohol to anyone under the age of 21. It is illegal for a minor to drive any kind of car if he has any detectable amount of alcohol in his or her system. If anyone is over the age of 21 and gives alcohol to a minor, and that minor causes some kind of injury or damage, then the adult who provided the alcohol is responsible for any damage or injury caused by the minor. If the adult who provided the alcohol could not have foreseen any danger to the minor or anyone else, then he or she should not be held responsible.Related CasesJones v. Anytown Raceway, Inc (Anytime 1995)

This case spelled out the definition of what 'negligence' is.This definition said that to be sued under the law of negligence, a few things had to be proven:First, the people being sued had a legal duty to take reasonable steps to protect the injured persons from harm. Second, the people being sued failed to carry out that duty.Third, the failure to carry out the duty to take reasonable steps to protect the injured persons caused the damage.Fourth, that the harm is only recognized by laws that require compensation.

Holly v. Anytown Hotel (Anystate 1959)

"Any person 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"

Lu v. Lopez (Anystate 1995)"An accident considered foreseeable if a person of ordinary intelligence could see that an accident is possible"

Conclusion (audio below)Based on the information provided and relevant cases/ laws, the outcome of this case should be that Ed and Jean Welby, parents of Paul, should be found guilty in neglecting their responsibilities to keep both their son and his friend Danny safe.