Drinking and Dulled Thinking

Case 1:Foley v. Welby

By: Caroline Hammond and Alden Michaels

Case Facts

• On June 7th, Paul Welby and Danny Foley got into a car to drive to a party. Beforehand, they had been given champagne by Paul’s parents to celebrate Paul’s father getting a promotion. The two boys, who were underage, drank a lot of the champagne.

• On the way to the party, Paul’s reckless driving attracted a state trooper. Hearing the siren, Paul panicked and drove the car into a telephone pole.

• Danny was thrown from the car, which broke his spine. Danny lives in a nursing home and is in a seemingly-permanent coma. Paul Welby was able to recover. Danny’s parents are now suing Paul’s parents for giving the boys alcohol.

Key Figures

Paul Welby

• Seventeen years old.• Friend of Danny Foley.• Was driving the night of

the accident.

Jean and Ed Welby

• Parents of Paul Welby.• Provided Danny and Paul

with champagne on thenight of the accident.

• Are being sued by thethe Foleys.

Danny Foley

• Sixteen years old.• Friend of Paul Welby.• Was riding with Paul on

the night of the accident.• Suffers from a seemingly-

permanent coma.• Lives in a nursing home.

Neal and Ellen Foley

• Parents of Danny Foley.• Are running out of money

from supporting Danny inthe nursing home.

• Are suing the Welbys for what happened to their son.

Preceding Events

• Paul drove his parent’s car into a telephone pole after drinking champagne provided by his parents. Danny was put into a permanent coma. Danny’s parents are suing Paul’s parents for giving him the champagne, which led to Danny’s injury.

Additional Facts

Relevant Affidavit Facts• George Baines, the doctor, stated that Danny

may never recover.• Sharon Legros, Paul’s English teacher, and

Derek Kyle, Paul’s friend, stated that Paul was a good person even if he had been drinking.

• Danny’s father claimed to have talked to his son about drinking and driving.

Relevant Deposition Facts• Paul’s parents claimed that they talked to their

son about drinking and driving.• They also claimed that they knew Paul and

Danny were minors and yet gave them alcohol.

• Paul’s parents stated that they had forgotten about Paul and Danny’s plans that evening.

Cont.

• Paul stated that his father had given him and his friends alcohol away from home.

• Paul also claimed to have had alcohol before and even to have driven after drinking it.

• Paul had thought that he was well enough to drive on the night of the accident.

Applicable Laws

Minors cannot drink.Minors can only drink at home with their

parent’s permission. However, adults cannot give minors other than their child alcohol.

Adults cannot give alcohol to minors.Minors cannot drive after drinking alcohol.

Minors can be fined, have their license suspended, and be forced to fill out an alcohol evaluation if caught drinking and driving once.

Adults can be held responsible if they knowingly gave alcohol to minors and it they knew that there could be dangerous consequences.

Other Cases

Black v. Ross, Inc. (Anystate 1989)Mr. and Mrs. Welby knowingly gave alcohol to

minors, but they did not know that there were going to be dangerous consequences from their actions.

Standing v. Janicek (Anystate 1984) Mr. and Mrs. Welby did not have a

responsibility over Danny because they had forgotten about the boys’ plans.

Relevant Information

• The legal BAC for adults is .08% and less than .02% for minors.

• The most used drug is alcohol.• Heavy drinkers can obtain illnesses and

injuries such as cancer, pancreas inflammation, heart or brain damage, and mental disorders.

• One drink is the same as an ounce of 100 proof liquor, a five ounce glass of wine, and a twelve ounce bottle of beer.

• Four drinks amounts in a BAC of .10%.– A BAC of 10% can cause the drinker to have

exaggerated emotions, slower reaction times, and difficulty solving issues.

Outcome

• Considering the facts, previous cases, and applicable laws, Jean and Ed Welby should not be named guilty. While it is true that they did give alcohol to minors, they did not cause Danny to be in his current condition.

Citations

• All images are the property of Microsoft– MS Clipart, 31 Dec. 2000.

• All other information is provided by Moodle– http://hoover.mrooms3.com