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My parents are too much fun. Drinking and Driving on Trial Thad Watkins, Jordan LaPorta, and Elizabeth NicholsFacts of the CasePaul Welby and Danny Foley involved in a car accident resulting from reckless driving due to intoxicationDanny in a coma and unlikely to ever recoverFoleys suing the Welbys for negligence

DeSanto, John. Two Teens Hospitalized After Car Crash. 2009. Record Online - Times Herald-Record, Goshen . Web. 20 Mar 2013. . 2Facts of the CasePaul Welby Son of Ed and Jean Welby17 years oldDanny FoleySon of Ellen and Neal Foley16 years oldFriends for a long time and a year apart in schoolFamilies have been friends for years

Major Players in this Case

Paul Welby Danny Foley

Ed and Jean Welby

Ellen and Neal Foley Images of boys = Keller, Michael A . Two Teenage Boys Reading a Book. N.d. Corbis Images Web. 20 Mar 2013. . Welbys = Arcurs, Yuri. Portrait of lovely middle aged couple sitting together and smiling in a park . N.d. 123RFWeb. 20 Mar 2013. .Foleys= Moskovitch, Deborah . How Will You React To Your Exs New Love?. 2011. Divorced Women Online Web. 20 Mar 2013. . 4Facts of the CaseFriday, June 7th Danny ate dinner at Pauls housePaul and Danny planning to go a party later that nightEarlier in week, Pauls parents agree to let him borrow the car to drive to the partyEd Welby brings home champagne for dinner to celebrate a promotion

Ed Welby gives champagne to Danny and Paul and encourages them to drinkPaul and Danny continue to drink even when parents are out of the room

Facts of the CasePaul and Danny are continually encouraged to drink by the Welbys Ed and Jean Welby leave the house and walk to a tavern to celebrate moreWalking because they knew they would be drinking moreLeft car keys at homePaul takes car keys to drive to partyWhile driving, cop tries to pull Pauls car over because of bad drivingPaul and Danny panic and Paul runs car off the road into a telephone pole

Facts of the CasePaul sustained minor injuries which have since healedDanny sustained major injuries Brain damageBroken spineUses respirator to breathe and feeding tube for nourishment Lives in nursing home Little hope for Dannys recovery Pauls BAC when arrived at hospital = 0.14Paul convicted for driving under the influence as a minor and received maximum sentence

Additional Facts: Affidavits George SnowOwner of Georges Bar and Grill Saw Jean and Ed Welby the night of June 7th after they left their houseEd not noticeably drunk but flushed when arrived Both drank several alcoholic beverages before leaving Dennis StokesOfficer on scene at the accident Saw Pauls car weaving and going much too fastAttempted to pull the car overDriver panicked and swerved off the road and hit telephone poleDanny thrown from car and Paul stuck inside immediately after hitAdditional Facts: AffidavitsGeorge Baines, M.D.Danny- little to no hope for recovery Ellen Foley Mother of Danny Foley Great emotional and economic stress put on Foleys by this wreckNo one to carry on family name

Sharon LegrosPauls English teacherPaul = a good student and could not be a regular drinkerDerek KylePauls friend Paul= a good guy who only occasionally drinksAdditional Facts: AffidavitsDorris WinslowNeighbor to the WelbysWelbys = good citizens and parentsEd = drinks but is not an alcoholic Paul = fine boy

Neal FoleyDannys fatherEllen had to take a leave of absence from job = lost her incomeEllen= losing weight and still not workingInsurance about to run out and will stop paying for medical bills and nursing home costs Additional Facts: DepositionsEd WelbyDid not think before giving alcohol to son and friend even though underageDid not give any alcohol to 13 year old daughter because she was too youngDid not think about Paul borrowing car before deciding to walk to GeorgesDid not see anything in Pauls behavior to indicate he was drunk

Talked with Paul about drinking and driving before but not that nightAware that Paul sometimes drinks but believes he drinks responsibly Never given alcohol to a friend of Pauls before

Additional Facts: Depositions Jean Welby Knew what Paul and Danny were planning to do after dinnerTalked about there being gas in the car with Paul but did not, on Friday June 7th , talk about Paul borrowing the carBoys did not ask for champagne- Ed just gave it to them Aware that the boys are below the legal drinking ageNever thought about the fact that the boys would be driving laterNot exactly sure how much the boys drankEd buzzed and herself dizzy when left for GeorgesTalked about drinking and driving before but not that night

Additional Facts: DepositionsPaul WelbyParents told him several days before he could have the car Friday nightParents have talked with him about drinking and driving beforeDid not know that it was illegal for minors to drive with any level of alcohol in their systemHas driven after drinking a couple beers before but never drunk

Thinks this was the first time his father gave him alcohol at home His father may have given alcohol to his friend on a fishing tripDrank more champagne when his parents were not in the roomThought he was ok to driveKnew he was speeding before the accidentDid not slow down when Danny told him to

Additional Facts When examining any alcohol related incident it is important to keep in mind laws and regulations concerning BACIn most states (including fictional Anystate) the threshold for what is considered drunk driving for adults is a BAC of 0.08For Children under the age of 21 the BAC limit is 0.00Keep in mind that Paul had a BAC of 0.14

BAC = blood alcohol contentApplicable LawsLu v. LopezOrdinary intelligenceBerry v. Enever Defendants negligenceJones v. Anytown Raceway, Inc.NegligenceDuty, Breach of duty, causation, Compensate damages

Applicable LawsStanding v. JanicesSpecial relatIonshipWhite v. ForrestParents responsibility

DecisionThe facts of this case tip the scale in favor of the Plaintiff FoleyTo prove negligence first a contractile duty must be established, and second there must be a breach of said duty (Jones v. Anytown).As an expected houseguest in the Welby Home, Danny was their responsibility and they had a legal duty to protect him from harm. That duty was breached when the family provided alcohol to both he and their son and that alcohol was the direct causation of young Dannys injury (Berry v. Enerver).Such reckless damage could have been easily foreseen by a reasonable person (Lu v. Lopez).

DecisionTo leave to teenagers under the influence of alcohol with the keys to the car within reach is the very definition of negligence.The argument can and has been made that Danny is not the Welbys child and therefore not their responsibility.

DecisionThis argument however is at odds with the jurisprudence of Anystate Law. In Standing v. Janicek as well as Black v. Ross, this court has held that adults do have the duty to protect a child from foreseeable danger if a special relationship exists.Clearly, Danny and the Welbys were close. Close enough to celebrate and be a guest in their house after being their sons friend for many years. While in their presence, the Welbys had a duty to protect Danny as much as their own son.

Works Cited DeSanto, John. Two Teens Hospitalized After Car Crash. 2009. Record Online - Times Herald-Record, Goshen . Web. 20 Mar 2013. .Keller, Michael A. Two Teenage Boys Reading a Book. N.d. Corbis Images Web. 20 Mar 2013. .Arcurs, Yuri. Portrait of lovely middle aged couple sitting together and smiling in a park . N.d. 123RFWeb. 20 Mar 2013. .Moskovitch, Deborah . How Will You React To Your Exs New Love?. 2011. Divorced Women Online Web. 20 Mar 2013. .