CASE 2: FETAL ALCOHOL

SYNDROME

Sydney A.Zandria W.Dennise A.Ravina Z.

THE BRIEF SUMMARY James Dixon and Jessica

NordeenMet in high school Senior year: Expected a babyBoth were part of all drinking

crowdsLoved to party every nightDrinking problem with

JessicaDid not worry about the

effects of her baby

THE PROBLEM Jessica had a drinking problem Had alcohol during her pregnancy

Especially In the first three months Had a baby boy name Seth

Born smaller than the average baby sizeBirth defectsFussy, extremely active, irritable, easily

distractedDiagnosed with Fetal Alcohol Syndrome in

Kindergarten

Jessica left James when Seth was three Jessica inherited money from her

grandfather James asked Jessica for half of her

inheritance for Seth’s trust fundNeeds for Psychological, Medical, Special

Education Jessica says NO

Her thoughts: Unfair because she did not know she was pregnant in her first three months

Thinks no one should tell her what to do with her body.

AFFIDAVITS AND DEPOSITIONS

Affidavits: A statement in writing that is made under oath

• Depositions: • Testimony taken down in writing under

oath before a trial

Collected during the discovery phase of a real court case when attorneys are gathering information

AFFIDAVIT OF SHEILA MICHAELS, M.D

AFFIDAVIT OF GERALDINE TRAINER, M.S.W., BILLINGS COUNTRY SOCIAL SERVICES

AFFIDAVIT OF GREGORY BUCHNER, M.D

AFFIDAVIT OF ANDREW HUNT, PARENT OF CHILD WITH FAS

EXAMPLE OF DEPOSITION

IDENTIFY APPLICABLE LAWS TO THE CASE RELEVANT LAWS

ConsumptionsUnder 21 is illegal to consume alcohol unless

allowed to drink alcohol by his or her parent/ legal guardian in his or her home. It is illegal for parents to provide alcohol to their child’s friends. . Purchasing and providing

only exception to purchasing and providing is if parents of minors give alcohol to them in their own home any other situation is illegal

Possession it is illegal for under 21 to posess alcohol with

the intent of drinking it someplace other than the home of their parent of guardian

ILLEGAL WAYS OF ALCOHOL An adult allowing anyone under the age of 21 to

drink alcohol on his or her property. Give, sell, or provide alcohol to anyone under 21 buying or attempting to buy alcohol under the

age of 21 asking anyone under 21 to buy alcohol. Illegal to

allow under 21 to use your driver’s license to buy alcohol

THE FIVE CASE LAW SUMMERY

CASE LAW 1: JONES VS. ANYTOWN RACEWAY INC (1995)

In order to sue for negligence there must be a responsibility that the defendant failed to meet. He or she must also have caused damage to the plaintiff that can be compensated.

Duty the plaintiff had a legal duty to protect the injured

person from harm Breach of Duty

The plaintiff failed to complete their duty Causation

the failure to complete tasks that would have protected the injured person caused the damage

Compensable damages the harm is recognized by law as deserving

compensation

CASE LAW 2: HOLLY VS. ANYTOWN HOTEL (1959)

Have enough common sense to understand when something bad could happen in a situation

CASE LAW 3: LU VS. LOPEZ (1995)

An accident is considered foreseeable if a person of average intelligence could see that an accident was possible

CASE LAW 4: JONES VS. ANYTOWN COMMUNITY CHURCH

Negligence is doing or not doing what an ordinary intelligent person would to in the same situation.

CASE LAW 5: BLACK VS. ROSS INC.

Weather a person is responsible for another depends on their relationship and/or how apparent harm / danger can be foreseen.

BACKGROUND INFORMATION ABOUT ALCOHOL

Alcohol is the most commonly used drug.

After drinking alcohol for a long period of time, the following changes in behavior starts to happen :SedationAnxiety reduction Impaired learning and memoryEuphoria

Intake of large amounts of alcohol can lead to loss of consciousness, coma, or death.

There is no explanation for why some people develop problems with alcohol

Heavy drinking is associated with many negative consequences

People who suffer psychological distress and rely on alcohol to relieve their stress

The amount of blood and alcohol in a person’s system is called blood alcohol level

A person’s blood alcohol concentration is determined by how many drinks they have had over time.

Two drinks of alcohol can cause:Less inhibition Some changes in judgment Dulled sensesSlight impact on reaction time and

fine motor skills

OUR THOUGHTS FOR THE OUTCOME OF THIS CASE 2: FETAL ALCOHOL SYNDROME

GUILTY Should provide the money for her son,

Seth Based on the Black vs. Ross Inc., Jessica

had a responsibility with Seth based on their mother/son relationship

Based on the rulings of Holly vs. Anytown Hotel, Jessica knew the possible effects with her drinking during pregnancy.

VIDEO http://www.youtube.com/watch?

gl=US&client=mv-google&hl=en&v=Oxy3qoKD0I8&nomobile=1