Dixon v. Nordeen By: Lindsay Boheler, Chris Kennedy, Sebastian Garza

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Text of Dixon v. Nordeen By: Lindsay Boheler, Chris Kennedy, Sebastian Garza

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Slide 2 Dixon v. Nordeen By: Lindsay Boheler, Chris Kennedy, Sebastian Garza Slide 3 Information on Fetal Alcohol Syndrome Fetal Alcohol Syndrome occurs when an unborn child is physically and/or mentally altered in the womb due to alcohol consumption. Effects can include: Stunted growth/weight Delayed develpoment Learning disabilities Psychological/behavioral problems Poor memory Severe to mild physical defects Cardiovascular complications http://www.nlm.nih.gov/medlineplus/mobileimages/ency/fullsize/21723_lafs.png Slide 4 Participants Jason Dixon: Father, Plaintiff Jessica Nordeen: Mother, Defendant Seth: Child/Victim http://images.publicradio.org/content/2007/09/07/20070907_matthew_3.jpg http://kmsp.images.worldnow.com/images/19722674_BG1.jpg http://ouriel.typepad.com/myblog/2006/09/talents20_disco.html Slide 5 Relevant Facts Nordeen and Dixon conceived a child during their senior year of high school The pregnancy was unplanned Nordeen drank during pregnancy Nordeen was aware the risk of drinking while pregnant i.e. Fetal Alcohol Syndrome The couple divorced 3 years after the birth Seth gained full custody of Dixon Nordeen was required to pay $175 in child support Slide 6 Affidavits Dr. Gregory Buchner confirms that Nordeen was given information on the risks of drinking while pregnant. Dr. Sheila Michaels confirms that Seth suffers from Fetal Alcohol Syndrome. mingamarketplace.com Slide 7 Despositions Jessica Nordeen admits to drinking a generous amount of alcohol on a weekly but claims she was not aware of the pregnancy during the first three months. Nordeen confesses to drinking up to 6 beers a night on weekends, and occasionally during the weekdays while she was pregnant. Nordeen says she was aware of the risks and potential harm that could be done to her unborn child if she continued drinking. Slide 8 Leading events Nordeen inherited a sum money from her deceased grandfather Dixon requested that she use half the money to contribute to a trust fund for Seth Nordeen refused to give up any of the inheritance Dixon sues Nordeen for negligence to obtain the money to ensure the inheritance could be used to get needed care for Seth Slide 9 Applicable Laws There is no state law in the U.S. restricting pregnant women from consuming alcohol Slide 10 Relevant Case Rulings Jones v. Anytown Raceway, Inc (1995) This case rules that in order for someone to sue for negligence the plaintiff must prove the defendant had a responsibility that he/she did not meet. As a result, he/she caused some kind of damage or injury to the plaintiff that can be compensated. Berry v. Enever (1992) Must be proven damage was a direct result of defendants negligence. This case showed negligence caused the damage since the damage was caused by the defendants drinking, which was a direct cause of being provided alcohol illegally Lu v. Lopez (1995) Rules that if the average person can see an accident is possible, then the accident is forseeable Slide 11 Relevant Case Rulings White v. Forrest (1965) Rules that as long as a parent is able and present, they have control over their 18 years old or younger child Standing v. Janicek (1984) Rules that if an adult has a special relationship with someone other than their child and that person may be in danger, the adult may have control over them. Black v. Ross, Inc. (1989) Rules that the responsibility of one person to another depends on their relationship and how clear it is whether they may be in danger Slide 12 Outcome Jessica Nordeen is convicted for negligence. She knowingly put her child at risk by drinking alcohol while pregnant. Although she does not have custody of the child she is still required to pay child support. Nordeen's alcohol consumption is the direct cause of Seth's developmental impairments and physical disabilities, therefore she is required to contribute to the expenses that will provide Seth with the proper medical and educational care.