Slide 1
3rd periodAshleigh, Josh, TravisNegligence and KnivesPeople
involvedAlex Jacobs (17)-Boyfriend of Deanna Wells.
Deanna Wells- Girlfriend of Alex Jacobs
Kirk Benton- Ex-Boyfriend to Deanna Wells
People involved cont.Lou Dempsey- owner of Lous Handy Mart.
Supplies alcohol to Eric.
Eric Howe (18)- Friend of Kirk. Supplies alcohol for keg
parties.
Back-story Deanna used to date Kirk and would always go out
drinking.Deanna changed her lifestyle when her best friend died
from a car accident in which she was driving drunk.Alex and Deanna
start to date, which doesnt make Kirk very happy.
The Night of The Incident May 28th, a keg party is planned.Eric
Howe(underage) gets the kegs from Lou, owner of Lous handy
mart.Deanna and Alex stop by the keg party on their way to a
movie.After drinking, Alex and Kirk get into a fight which is
concluded by Alex stabbing Kirk
The AftermathAlex is found guilty, assigned jail time and
community service hours, and also attends counseling. Kirk is in
the hospital for 5 days, misses a lot of school, loses his job, his
parents have to take off work, and the family pays $2,000 for the
hospital stay.
The Case Both Alex and Kirks parents agree that Lou, who
supplied the liquor, should be held responsible for what his
illegal actions caused.They are now suing Lou for his role in Kirks
stabbing.Facts From the Affidavit of John Bemann, High way PatrolOn
May 28th Bemann responded to the call of Kirks stabbing.Bemann gave
Alex a breathalyzer test. The result was a .10% Facts From the
Affidavit of Jerry Newman, Sheriff, West County Compliance check-
an underage decoy is sent into a store to see if they are asked for
age identification when buying alcohol
Lou Dempsey has failed two compliance checks. Lou was suggested
responsible alcohol trainingbut has yet to attend any training
sessions.Facts From the Disposition of Alex JacobsAlex drank 3 cups
of beer. (16 oz each-4 standard servings)Alex has only ever drank
once before, where he got sick and threw up.Kirk was provoking him
with name calling.Alex had never hurt anybody prior to this
incident.Alex believes he acted the way he did because he was
drunk.Facts From the Disposition of Kirk BentonEric Howe supplied
the kegs. He obtained them from Lous.Kirk was drunkKirk had thought
about fighting Alex before.Kirk missed two weeks of school which
dropped his grade point average and lost his job.Facts From the
Disposition of Deanna WellsAlex had never been in fights
before.Kirk has been in a lot of fights.
Facts From the Disposition of Lou DempseyLou sold two kegs to
Eric on May 28.He did not ask for ID and he knew that Eric was
under 21.He believes it was not his business to know what Eric was
going to do with the kegs. He also believes it is not his fault
that alcohol is a factor in many violence cases. Lou gave Eric a
pack of 100 16oz cups. (12 oz is the standard amount for a glass of
beer)Facts From the Disposition of Abel Benton (father of
Kirk)Kirks lung collapsed, and was in the hospital for 5 days.The
family paid $2,000 for the hospital stay.Abel missed 5 days of work
and his wife missed 12, both without pay.Kirk received three Ds for
the 2 weeks he was out. The family has received a large emotion
toll as a result of the stabbing.Relevant FactsAll of the
individuals involved in the stabbing were underage.Lou sold the
alcohol illegally and did not consider the possible consequences of
his actions.Both Alex and Kirk were under the effects of alcohol
during their fight.Both families have suffered financial loss and
emotional turmoil from this event.
Relevant LawsAnystate, U.S.A. Statute: Persons under 21;illegal
acts related to alcoholSubdivision 2. Purchasing and providingIt is
illegal to sell, give, or provide alcohol to anyone under the age
of 21.
How this applies-
Relevant Laws cont.Anystate, U.S.A. Statute: Civil Damages
Act(1994)Subdivision 1. Cause of actionIf somebody suffers an
injury by an intoxicated person in any of the following ways:Bodily
harmProperty damagesFinancial lossAbility to workthe person who
suffered the injury can sue the person who caused the intoxication
based on an illegal sale or provision of alcohol. How this
applies-
Case LawsCase Law 2. Hacker v. Anytown American Legion No. 600
(1992)When an intoxicated person causes harm to somebody else after
consuming alcohol that was purchased illegally, the seller of any
amount of illegally purchased alcohol is liable for resulting
damages, if the alcohol that was sold contributed to the cause of
the injury.How this applies-
18Case Laws cont.Case Law 3. Martinez v. Smith (1994)If someone
sells alcohol illegally and the purchaser becomes intoxicated and
then causes another person harm, the seller is liable for the harm.
The intoxication does not need to be the only reason for the harm;
it only needs to be a contributing cause for the seller to be
legally liable for the harm.How this applies-
Case Laws cont.Case Law 4. Splett v. Wheeler (1994) An alcohol
seller is not responsible for an injury merely because one person
was sold alcohol and happened to cause injury to another person.
There must be a connection between the sale, consumption of the
alcohol, and the injury.How this applies-
Case Laws cont.Case Law 5. Holly v. Anytown Hotel (1959)The
defendant 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. Defendants also
do not have to be aware that a similar accident has occurred for
them to know that there could be an accident.How this applies-
Other Relevant InformationAlex consumed roughly 48 oz of beer.
That is equal to four standard drinks. At four drinks BAC is .10%
which is what Alex's breathalyzer results were.At .10% effects can
be:Negative impact on ability to concentrate, problem solve, and
reason Exaggerated feelings of anger, fear, and anxietyImpaired
ability to retrieve and record finer points of memoryIncrease in
clumsy actions and slurred speechNoticeably slowed reaction timeHow
this applies-
Why Lou Dempsey is GuiltyHe knowingly supplied alcohol to a
teenager. That alcohol was consumed by both Kirk and Alex. This
affected their judgment and led to the fight in which Alex stabbed
Kirk.Lou had a responsibility to not sell alcohol to underage
clients.Lou also had the responsibility to be aware that the
alcohol provided could cause an accident.
Lous ConsequencesLou Dempsey now has a responsibility, by law,
to pay for resulting damages.Lou should pay for: The hospital stay
Kirk had and any prolonged conditions he might have sustained.The
days that Kirks parents took off from work.Pay for any counseling
either family took.Provide Kirk with the money he would have made
working his jobPay a to-be-determined amount of money to compensate
for the emotional damage to both families.
Sourceshttp://www.additudemag.com/adhd/article/5310.htmlhttp://www.justjared.com/photo-gallery/556371/josh-henderson-teen-choice-awards-07/http://www.screenjunkies.com/tv/genres-tv/sitcoms/the-fresh-faced-talent-of-the-secret-life-of-the-american-teenager-cast/http://www.hair.becomegorgeous.com/newest_trends/popular_teen_girls_hairstyles-2461.htmlhttp://www.wisegeek.com/why-is-hair-loss-more-common-among-men-than-women.htm
