CLASS ACTION CASES WHO’S WHO

Case 1 – Foley vs. Welby: Drinking and Driving on Trial

Danny Foley and Paul Welby are high school buddies. While Danny is having dinner at the Welby’s house, Mr. Welby brings home champagne to celebrate a promotion. The Welbys let the boys join in the celebration with two glasses each of champagne. The boys sneak more drinks and, after the Welbys leave the house, drive to a party. There’s a horrible crash. Danny, the passenger in the car, is thrown from the car and is institutionalized for life. Are the Welbys liable?

Case 2 – Dixon vs. Nordeen: Fetal Alcohol Syndrome on Trial

Jessica Nordeen and James Dixon are high school students who love each other – and love to drink. When Jessica finds out she’s three months pregnant, James is thrilled – but Jessica is devastated. Depressed, she continues to drink even after discovering she’s pregnant, despite information from her doctor that alcohol can cause fetal alcohol syndrome (FAS). Their baby, Seth, is born with mild mental retardation. The young couple separates under the strain, and James is awarded full custody. When Jessica comes into money, James sues her for half to cover the child’s medical and care expenses. Is Jessica Nordeen liable?

Case 3 –Benton vs. Dempsey: Drinking and Violence on Trial

Alex Jacobs is proud of his new girlfriend, Deanna Wells. He can’t wait to show her off at a party where Deanna’s old boyfriend, Kirk Benton, will be. Deanna and Kirk ran with a wild crowd, and this keg party is no exception. Kirk, who’s much bigger than Alex, picks a fight with him and is beating him badly – until Alex remembers his pocketknife. The stab wound to Kirk’s lungs makes him miss school and work and, ultimately, lose his job. Is Lou Dempsey, the owner of the liquor store that sold the keg, liable?

Case 4 – Allen vs. Block: Date Rape on Trial

Nikki Allen, seventeen, is looking forward to the party of her friend Melissa Block, twenty-two. She’ll meet some new guys – maybe even college guys. Melissa says that Kyle Sowell, her boyfriend’s younger brother, is perfect for Nikki. After a few drinks the two teens go for a walk; the buzz from the alcohol and the idea of falling in love sweep Nikki away. But suddenly things go horribly wrong when Kyle forces himself on her, raping her. Although Nikki holds Kyle accountable – and he is convicted – she feels they have both been set up. Is Melissa Block liable for providing the alcohol?

Case 5 – Brown vs. The Bixby Frog Festival Planning Committee: Drinking and Vandalism on Trial

Once renowned for its frog-jumping contests, the Bixby Frog Festival is now known for beer sales. The planning committee doesn’t want to detract from the party atmosphere by roping off an adults-only section. Jonathan Allen is the chair of the Bixby Frog Festival Planning Committee and is the owner of Allen’s Liquor Store which provided beer at the festival. Four teenagers, Michael Kralek, Yvonne Auclaire, Steve Haines, and Jodi Porter, buy beer at the festival and drink to excess. They run along the beach, and Yvonne cuts her foot badly. The teens break into a vacant cabin for a bandage. Under the influence of alcohol, they vandalize the cabin, causing extensive damages. The owners, Bill and Jane Brown, are seeking compensation. Is the Bixby Frog Festival Planning Committee liable?

Case 6 – Hunt vs. Wilson: School Alcohol Policies on Trial

Star quarterback Jason Hunt is key to the Rayburn Raiders winning the homecoming game. However, several students have noticed how much the popular student is drinking: a clear violation of the school’s no-alcohol rule. A student, Lisa Kent, takes her concerns to the coach. Deciding it’s one student’s word against another’s, he doesn’t suspend Jason from play. During the big game, Jason, again drunk, tears a knee ligament – possibly ending his chances for a football scholarship. His parents discover that Coach Wilson was aware of Jason’s drinking problem. Had the coach enforced the policy, the Hunts claim, the injury wouldn’t have happened. Is Coach Wilson liable?

* All information taken from Project Northland Class Action case books, Hazelden Foundation, 2002,