UNNECESSARY DRUNKENNESS

By Sam Gilmour, Sean Moran, and Grant Thomas

Relevant Facts

Jason Hunt had a known drinking population among the student population

This information was reported to Jason’s football coach, Mr. Wilson

Jason denied that he drank, but Coach Wilson later smelled alcohol on his breath

During a football game, Jason was injured and taken to a hospital where it was discovered that he had a BAC of .05

Jason Hunt and Coach Wilson

Relevant Facts Continued

Shocked by this news, Mr. and Mrs. Hunt scheduled a meeting with Coach Wilson and the school principal

After discussions, Mr. and Mrs. Hunt decided to sue Mr. Wilson for negligence in their son’s injury

Mr. and Mrs. Hunt

Key Figures/Witnesses/Participants

Jason Hunt (student athlete injured during football game and frequent consumer of alcohol)

Lisa Kent (student that reported Jason) Coach Wilson (Jason’s football coach)

Lisa Kent

Affidavits and Depositions

Emily Hunt (Jason’s mother): Coach Wilson was very forthcoming about his knowledge of Lisa telling him that Jason had been drinking and that he had smelled alcohol on his breath before

John Baldwin (student council president): It is common practice for athletes to not live up to the same rules or expectations as non-athletes

Leslie Donahue (social worker): Jason drank throughout the week, including binge drinking on the weekends

Applicable Laws to the Case

Subdivision 1: Consumption (2) it is illegal for anyone under 21 to drink alcohol. The only exception is if someone under 21 drinks in the home of his/her parent/guardian with their permission

Subdivision 2: Purchasing and Providing (1) it is illegal to sell, give, or provide alcohol to anyone under the age of 21

Subdivision 3: Possession It is illegal for anyone under the age of 21 to possess alcohol with the intent to drink in someplace other than the home of his or her parent or guardian

Case Law

Jones v. Anytown Raceway, Inc. (Anystate 1995): In order for the plaintiff to sue the defendant, the plaintiff must prove that the defendant had a responsibility that he or she did not meet. To prove this negligence the plaintiff must prove that there was a duty, a breath of that duty, causation, and compensable damages as defined by law

Case Law Continued

Holly v. Anytown Hotel (Anystate 1995)- The defendant does not have to know a particular way in which an accident could occur for the defendant to know that an accident could potentially occur

Lu v. Lopez (Anystate 1995)- An accident is considered foreseeable if a person of ordinary intelligence could foresee an accident was possible

Case Law Continued

Black v. Ross, Inc. (Anystate 1989)- Whether or not a person has a responsibility to another depends on the relationship between them and how easily an accident could be foreseen

Standing v. Janicek (Anystate 1984)- There may be a duty to control someone that is not your child if you have a special relationship with that child and are aware of a danger to them

Other Relevant Information

Alcohol consumption can severely impair movement, decision making, and memory

A BAC as low as .02 can be high enough to impair a person’s ability to drive

The US dietary recommends that no children or adolescents consume alcohol

Other Relevant Information Continued

Rayburn High School has instituted a three strikes system that punishes students that violate the drug, alcohol, and tobacco policy with each subsequent offence resulting in a harsher penalty

Local are high schools have strictly adhered to similar policies which Rayburn High School’s principal has applauded

Rayburn High School has an established Alcohol and Drug Free Students organization that has organized many student activities to promote these ideals

Case Result

The court should rule in favor of the plaintiffs, Mr. and Mrs. Hunt

Coach Wilson had an established relationship with Jason and had a strong reason to believe that he was indeed engaging in underage drinking

Even though he suspected that Jason was drinking, Coach Wilson did not suspend him and continued to allow Jason to play resulting in his injury

Picture Bibliography

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