Lou’s Not-so-Handy MartA presentation of the effects of drinking associated with violence

Presented By:

• Eccoe Jones• Wesley• Colin Knight

The Gist

• Alex Jacobs, Deanna Wells, Kirk Benton, Eric Howe, and Lou Dempsey are the main figures in this case

• The relevant facts of the case are, Alex drank and got drunk, Kirk was stabbed, Eric supplied the beer/keg, Lou sold the keg to Eric.

• What brought the case to trial was the stabbing of Kirk, via Alex. After the situation was examined, the parents are suing Lou for knowingly selling alcohol to a minor, thus creating the situation and allowing Alex to stab Kirk.

Important statements of Figures in the case

• Affidavit of Eric Howe: Claimed he bought two kegs from Lou Dempsey

• Deposition of Lou Dempsey: Claimed he knew Eric was not 21, knows that selling to a minor is illegal, and that what people do with the alcohol they bought is not his business.

All laws applying to the court case

• Subdivision 2. Purchasing and providingIt is illegal to sell give or provide alcohol to anyone

under the age of 21.• Civil Damages Act (1994)-Subdivision 1. Cause of Action

If someone suffers an injury by an intoxicated person in any of the following ways: Bodily harm, property damages, financial loss, or ability to work, the person who suffered the injury can sure the person who caused the intoxication based on an illegal sale or provision of alcohol.

Other cases bearing significance

• Case Law 1. Jones v. Anytown Raceway, Inc.Says that the person being sued has to be proven

negligent to a responsibility they would otherwise needed to have upheld. • Case Law 2. Hacker v. Anytown American Legion no. 600

The seller of any alcohol provided illegally is responsible for the damages of anyone affected by the illegal alcohol.

5. Identify other relevant information included in your booklet. Some of these are provided for all cases (background information about alcohol, etc.) and others are specific to your case.

• Affidavit of Eric Howe: Claimed he bought two kegs from Lou Dempsey

• Deposition of Lou Dempsey: Claimed he knew Eric was not 21, knows that selling to a minor is illegal, and that what people do with the alcohol they bought is not his business.

6. Based on the facts, law, and information given, what SHOULD be the outcome of this case?

• The outcome of this case, Benton v. Dempsey, should be Lou Dempsey getting in trouble for providing the alcohol to a minor. The Benton’s are suing for negligence on Dempsey’s behalf. They are correct, and should win the case hands down.