a drinking and driving incident that destroyed the friendship of two teenage boys and their...
TRANSCRIPT
Foley vs. Welby
A drinking and driving incident that destroyed the friendship of two teenage boys and their families.
Olivia ButlerAlex McArdleDonald SullivanPowers 2nd Period
Background of Alcohol Abuse Alcohol is currently the most commonly used drug in the
world. Most U.S. adults consume alcohol moderately (1-2 drinks
per day), but many develop a serious addiction. Light consumption of alcohol causes slurred speech,
dizziness, nausea, and impaired vision. Excess intake of alcohol can lead to loss of consciousness,
coma, or even death. Additional mental health issues occur with prolonged
abuse, which can cause relationship issues, lack of motivation, and decreased productivity.
Blood Alcohol Content (BAC) The standard measurement of the concentration
of alcohol in one’s bloodstream. National maximum standard is .08% Two drinks will usually yield a BAC of.05%. A BAC of .30% can cause blackouts and possibly
death.
Foley vs. Welby
The Case
Foley vs. Welby
Danny Foley 16 year old High School sophomore Friend of Paul Welby
Paul Welby Son of Edward and Jean
Edward Welby Father of Paul
Jean Welby Mother of Paul
Case Events – Drinking Begins Danny was having dinner at Paul’s house on the night of
the tragedy, where his father was celebrating receiving a promotion.
Edward Welby had bought champagne to celebrate, and allowed the boys to have several glasses.
The boys had plans to attend an end-of-the-year party after dinner, and had previously received permission to go.
After dinner Edward and Jean leave for a local bar to celebrate further, leaving the family car behind.
Case Events – Leaving and Crashing
After the adults had left, both boys had several more glasses of champagne.
They left the house, Paul taking the champagne bottle with him, and drove to the party in the family car left by Paul’s parents.
Driving down a two-lane highway, Paul was going 78mph in a 55mph zone, and beginning to drift across the median.
A state trooper began pursuing them with his sirens on. Both boys panicked, and the car went off the road and hit a
telephone pole. Neither wearing seatbelts, Danny was thrown from the car.
Case Events – The Aftermath Paul suffered a concussion and several broken
bones. Danny had broken his spine, and suffered severe
head injuries, leaving him in a coma. A blood alcohol test performed at the hospital
revealed Paul to have a BAC of .14, almost double the legal limit.
Paul was fined $700 and his license was suspended for three months.
Danny remains in a coma. Danny’s parents are currently suing the Welby’s
for providing the children with alcohol.
Case Events – Affidavits and Depositions
George Snow – Bar Owner Confirmed that Edward and Jean were at the bar until around 11:00
p.m.. Dennis Strokes – Officer on the scene
Informed that the car had begun to swerve once he had begun pursuit. Witnessed car run into light post and a person being thrown from the car.
George Baines – M.D. Described the extent of Danny’s injuries.
Ellen Foley – Mother of Danny Described the pain and suffering experienced by the family.
Sharon Legros – Webster High English Teacher Gives evidence from Danny’s school records that he couldn’t‘ have
been a regular drinker. Derek Kyle – friend of Paul
Claims he never saw Paul drink heavily or carry alcohol with him.
Case Events – Affidavits and Depositions
Doris Winslow – neighbor to the Welbys Claims the Welbys were upstanding citizens, and described Paul as a
polite, well-behaved boy. Neal Foley – father of Danny
Described the financial burden the family was facing. Edward Welby – father of Paul
Confirmed that he gave alcoholic beverages to the teenagers, and admits to giving alcoholic beverages to underage children on several occasions.
Relevant Laws to the Case There are 5 key laws that factor into the outcome of this
case… Subdivision 1, Part 2
This law asserts that it is against the law for a person over the age of 21 to provide alcohol to anyone that is not his or her child. Because Jean and Edward Welby provided alcohol to Danny Foley, they are guilty on this charge.
Subdivision 2, Part 1 This law states that it is illegal for anyone to provide alcohol to someone under
21 years of age. Jean and Edward are guilty of this charge. Subdivision 3
This law says that it is illegal for a minor to possess alcohol with the intent to drink it someplace besides his or her parents home. Paul Welby and Danny Foley are guilty of this
Subdivision 4, Part 1 This makes it illegal for someone under the age of 21 to operate a motor vehicle
with any alcohol in his system. Paul Welby violates this law with a BAC of .14% These laws state that is a minor causes damage or injury after
consuming alcohol , the adult who provided the alcohol is guilty. If the danger could not be foreseen, however, the adult is not guilty.
Relevant Cases
People v. Brooks Edward Brooks hosted a keg party for teenagers. During the
party, two teens were killed, and Brooks was held responsible. Example that when an adult provides alcohol to minors, the provider is held responsible.
White v. Forrest Parents have the responsibility to control their children if they
are 18 years old or younger and are able and present to do so. Lu v. Lopez
An accident in considered foreseeable if a person with ordinary intelligence could see it was possible.
Standing v. Janicek 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 they might be in danger.
Drunk Driving Statistics
Traffic accident that involve alcohol account for more than 16,000 deaths a year.
Crashes in motor vehicles are the leading cause of death for 15-20 year olds.
Many victims of drunk driving accidents are innocent, and are killed due to others poor decisions.
All states were mandated to create laws against drinking and driving, by penalty of losing federal highway funds.
Zero tolerance laws have been very effective at reducing alcohol related accidents.
Desired Outcome
Paul should be charged for drinking and driving and is ultimately responsible for the damage to the car and the injuries Danny sustained. Under law, Danny and Paul should be charged with an MIP with the intent to drink elsewhere. Edward and Jean Welby should be charged with allowing underage children to drink on their property.
Citations
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