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  1. #1
    Gird your loins Daisy Hill's Avatar
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    12.14.17 @ 05:44 PM
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    Default New York Courts Rules that a 4 year old can be sued for negligence

    4 years old? what do they hope to get from her? her lemonade stand money? tooth fairy money? Are they going to attach her wages...errr...allowance?

    Judges should not complain that their dockets are loaded up when stuff like this is approved through their courts

    4-Year-Old Can Be Sued, Judge Rules in Bike Case
    By ALAN FEUER

    Published: October 28, 2010


    Citing cases dating back as far as 1928, a judge has ruled that a young girl accused of running down an elderly woman while racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence.

    The ruling by the judge, Justice Paul Wooten of State Supreme Court in Manhattan, did not find that the girl was liable, but merely permitted a lawsuit brought against her, another boy and their parents to move forward.

    The suit that Justice Wooten allowed to proceed claims that in April 2009, Juliet Breitman and Jacob Kohn, who were both 4, were racing their bicycles, under the supervision of their mothers, Dana Breitman and Rachel Kohn, on the sidewalk of a building on East 52nd Street. At some point in the race, they struck an 87-year-old woman named Claire Menagh, who was walking in front of the building and, according to the complaint, was “seriously and severely injured,” suffering a hip fracture that required surgery. She died three months later of unrelated causes.

    Her estate sued the children and their mothers, claiming they had acted negligently during the accident. In a response, Juliet’s lawyer, James P. Tyrie, argued that the girl was not “engaged in an adult activity” at the time of the accident — “She was riding her bicycle with training wheels under the supervision of her mother” — and was too young to be held liable for negligence.

    In legal papers, Mr. Tyrie added, “Courts have held that an infant under the age of 4 is conclusively presumed to be incapable of negligence.” (Rachel and Jacob Kohn did not seek to dismiss the case against them.)

    But Justice Wooten declined to stretch that rule to children over 4. On Oct. 1, he rejected a motion to dismiss the case because of Juliet’s age, noting that she was three months shy of turning 5 when Ms. Menagh was struck, and thus old enough to be sued.

    Mr. Tyrie “correctly notes that infants under the age of 4 are conclusively presumed incapable of negligence,” Justice Wooten wrote in his decision, referring to the 1928 case. “Juliet Breitman, however, was over the age of 4 at the time of the subject incident. For infants above the age of 4, there is no bright-line rule.”

    The New York Law Journal reported the decision on Thursday.

    Mr. Tyrie had also argued that Juliet should not be held liable because her mother was present; Justice Wooten disagreed.

    “A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street,” the judge wrote. He added that any “reasonably prudent child,” who presumably has been told to look both ways before crossing a street, should know that dashing out without looking is dangerous, with or without a parent there. The crucial factor is whether the parent encourages the risky behavior; if so, the child should not be held accountable.

    In Ms. Menagh’s case, however, there was nothing to indicate that Juliet’s mother “had any active role in the alleged incident, only that the mother was ‘supervising,’ a term that is too vague to hold meaning here,” he wrote. He concluded that there was no evidence of Juliet’s “lack of intelligence or maturity” or anything to “indicate that another child of similar age and capacity under the circumstances could not have reasonably appreciated the danger of riding a bicycle into an elderly woman.”

    Mr. Tyrie, Dana Breitman and Rachel Kohn did not respond to messages seeking comment.

    This article has been revised to reflect the following correction:

    Correction: October 30, 2010


    An article in some editions on Friday about a lawsuit that claims an elderly woman was severely injured by two 4-year-olds racing their bicycles on a Manhattan sidewalk misstated the timing of the woman’s death. The woman, Claire Menagh, died of unrelated causes three months after she was struck, not three weeks.

    survivor of the Bowling Green Massacre 9-3-2016 BGSU 10 OSU 77

    She was warned. She was given an explanation. Nevertheless, she persisted.

  2. #2
    Forum Frontman It's Mike's Avatar
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    12.15.17 @ 03:50 AM
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    i get suing the parents but suing the kids is kind of stupid. Can't they just declare bankruptcy? lol

  3. #3
    Hang 'Em High sickman's Avatar
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    12.15.17 @ 03:21 AM
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    Counter-sue the old ladies estate for not looking both ways before getting on the sidewalk. Heaven forbid a judge rules against an 80 year old bull shit case.
    I used to jog but the ice cubes kept falling out of my glass.

  4. #4
    Baluchitherium loveevhsince79's Avatar
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    10.23.15 @ 04:49 PM
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    I really like this part:

    “A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street,” the judge wrote. He added that any “reasonably prudent child,” who presumably has been told to look both ways before crossing a street, should know that dashing out without looking is dangerous, with or without a parent there. The crucial factor is whether the parent encourages the risky behavior; if so, the child should not be held accountable.
    Reasonably prudent??? You have to wonder if they have ever seen a child chase a ball into the street without looking. You also have to wonder if they think parents really encourage risky behavior. What do they think they say "Hey Susie, don't worry about looking both ways, you go right ahead and play in the street".
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  5. #5
    Forum Frontman It's Mike's Avatar
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    i really would like to hear more about this case. It doesn't make a tonne of sense at face value which makes me think that there's a whole lot more to it.

  6. #6
    Atomic Punk MF5150's Avatar
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    12.14.17 @ 04:54 PM
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    I am now fully convinced that if somebody was walking in a park and tripped over a tree root they would sue Parks and Rec.
    My man, when you are fantasizing, don't go for attainable, you can get attainable at the local Applebee's. - Dave's Dreidel

  7. #7
    Gird your loins Daisy Hill's Avatar
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    12.14.17 @ 05:44 PM
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    we've all argued that people should be accountable for their own actions and children should be taught to take responsilbilty

    but 4 years old and getting sued? and not even by the woman who was injured (but died of something unrelated)...but by her estate..


    there is no such thing as an accident anymore

    some attorneys will stoop to any level to make a buck

    we just cannot allow children to be children anymore


    that's my "take away" from this

    survivor of the Bowling Green Massacre 9-3-2016 BGSU 10 OSU 77

    She was warned. She was given an explanation. Nevertheless, she persisted.

  8. #8
    Atomic Punk MF5150's Avatar
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    12.14.17 @ 04:54 PM
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    Quote Originally Posted by Daisy Hill View Post
    we've all argued that people should be accountable for their own actions and children should be taught to take responsilbilty

    but 4 years old and getting sued? and not even by the woman who was injured (but died of something unrelated)...but by her estate..


    there is no such thing as an accident anymore

    some attorneys will stoop to any level to make a buck

    we just cannot allow children to be children anymore


    that's my "take away" from this
    Well said.
    My man, when you are fantasizing, don't go for attainable, you can get attainable at the local Applebee's. - Dave's Dreidel

  9. #9
    Baluchitherium
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    Quote Originally Posted by Daisy Hill View Post
    we've all argued that people should be accountable for their own actions and children should be taught to take responsilbilty

    but 4 years old and getting sued? and not even by the woman who was injured (but died of something unrelated)...but by her estate..


    there is no such thing as an accident anymore

    some attorneys will stoop to any level to make a buck

    we just cannot allow children to be children anymore


    that's my "take away" from this
    perfectly put.
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