somekat Posted October 29, 2010 Share Posted October 29, 2010 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. Readers' Comments 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. 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. http://us.mg2.mail.yahoo.com/dc/launch?.gx=1&.rand=bt95sa0gp70fc Quote Link to comment Share on other sites More sharing options...
Leland Palmer Posted October 29, 2010 Share Posted October 29, 2010 cunt deserves what's comin to her Quote Link to comment Share on other sites More sharing options...
Scoopology Posted October 29, 2010 Share Posted October 29, 2010 the honorable Justice Paul Wotten Quote Link to comment Share on other sites More sharing options...
Crocodile Tears Posted October 29, 2010 Share Posted October 29, 2010 Quote Link to comment Share on other sites More sharing options...
pertplus1 Posted October 29, 2010 Share Posted October 29, 2010 maybe old people shouldnt be out in public Quote Link to comment Share on other sites More sharing options...
Spaceman Spiff Posted October 29, 2010 Share Posted October 29, 2010 Are they planning on taking her bike and parting it out? Lady was 87, it didn't say she died from any complications from the surgery. Quote Link to comment Share on other sites More sharing options...
earmuffs Posted October 29, 2010 Share Posted October 29, 2010 4 year old people. Quote Link to comment Share on other sites More sharing options...
WorldBench Posted October 29, 2010 Share Posted October 29, 2010 thats fucked up on the real, id kill the old lady Quote Link to comment Share on other sites More sharing options...
penmanship Posted October 29, 2010 Share Posted October 29, 2010 Have fun paying a lawyer to sue someone who has no money. laughing very hard Quote Link to comment Share on other sites More sharing options...
armand hammer Posted October 29, 2010 Share Posted October 29, 2010 anyone over 80 that decides to leave thier house needs to be euthanized. you are too old to do anything..stop. Quote Link to comment Share on other sites More sharing options...
Mercer Posted October 29, 2010 Share Posted October 29, 2010 Good, I hate children. Quote Link to comment Share on other sites More sharing options...
Mercer Posted October 29, 2010 Share Posted October 29, 2010 Just look how annoying that kid looks, I hope she cries in court. Quote Link to comment Share on other sites More sharing options...
Spitfire15 Posted October 29, 2010 Share Posted October 29, 2010 What an ugly child. Quote Link to comment Share on other sites More sharing options...
gasfacevictm Posted October 29, 2010 Share Posted October 29, 2010 SUE ALL KIDS REGARDLESS OF AGE Quote Link to comment Share on other sites More sharing options...
skullnbones Posted October 29, 2010 Share Posted October 29, 2010 Dumb Quote Link to comment Share on other sites More sharing options...
somekat Posted October 29, 2010 Author Share Posted October 29, 2010 Haha funny responses... they sue the parent though (I think?) since the child is fucking FOUR. And that's just a random pic of some girl on a bike i got off of google. The whole thing should be dropped imo... shit happens all the time. People get hit by cars and don't sue. Quote Link to comment Share on other sites More sharing options...
Mercer Posted October 29, 2010 Share Posted October 29, 2010 Not really, people sue all the time over car accidents, that's why you have to get insurance. As for the old lady who got her hip broken because some spoiled brat rammed into her, she should have every right to sue. The problem is the parents will play it off like it's not their fault and not pay for it, so why not. If I was about to inherit mad loot but it all got fucked because of medical expenses I'd be pissed and try to sue myself. Quote Link to comment Share on other sites More sharing options...
gasfacevictm Posted October 29, 2010 Share Posted October 29, 2010 No, everybody knows you can sue a parent. This kid is getting sued along with the parents. I hope she ends up in foster care because her parents can't afford to pay restitution subsequently getting contempt of court charges landing them in jail. FUCK KIDS. This is the beginning of the war I have dreamed of to annihilate children. Quote Link to comment Share on other sites More sharing options...
Mercer Posted October 29, 2010 Share Posted October 29, 2010 If you can't pull out in time you should be held responsible for any damage, if your kid is an asshole, they should also have their milk money garnished. No back to school shopping for you. Quote Link to comment Share on other sites More sharing options...
Soup Posted October 30, 2010 Share Posted October 30, 2010 maybe old people shouldnt be out in public Hear hear. It used to be a criminal offense in San Francisco to be ugly in public. Bring back the good ole days. Quote Link to comment Share on other sites More sharing options...
MYFUCKINGDICK Posted October 30, 2010 Share Posted October 30, 2010 This sounds like some jewish shit. Quote Link to comment Share on other sites More sharing options...
MYFUCKINGDICK Posted October 30, 2010 Share Posted October 30, 2010 FUCK KIDS. This is the beginning of the war I have dreamed of to annihilate children. Beware what you wish for. [ATTACH]147634.vB[/ATTACH] Quote Link to comment Share on other sites More sharing options...
gasfacevictm Posted October 30, 2010 Share Posted October 30, 2010 I'll gladly take my chances in a war against kids. I wish them nothing but the worst. I hope all the bad things in life happen to them and only them. Quote Link to comment Share on other sites More sharing options...
MYFUCKINGDICK Posted October 30, 2010 Share Posted October 30, 2010 *nevermind. Quote Link to comment Share on other sites More sharing options...
gasfacevictm Posted October 30, 2010 Share Posted October 30, 2010 Yes, and I hate 95% of the retards that walk through my door. ALL HOT TUBS COLD! Quote Link to comment Share on other sites More sharing options...
lord_casek Posted October 30, 2010 Share Posted October 30, 2010 By allowing this, it sets a precedent. Can't wait to see the lawsuits fly b/c a 3 year old took another 3 year old's toy during recess. Sometimes I hate our "Justice System". Quote Link to comment Share on other sites More sharing options...
T.T Boy Posted November 1, 2010 Share Posted November 1, 2010 the planet has officially gone bananas. Quote Link to comment Share on other sites More sharing options...
Feed Yer Ego Posted November 1, 2010 Share Posted November 1, 2010 fuck the old lady hurry up and die already you stupid bitch Quote Link to comment Share on other sites More sharing options...
Spitfire15 Posted November 2, 2010 Share Posted November 2, 2010 She died just few months after the accident. Do any of you even know HOW to read? Quote Link to comment Share on other sites More sharing options...
BELTOLEUM Posted November 2, 2010 Share Posted November 2, 2010 hope they get her for attempted murder Quote Link to comment Share on other sites More sharing options...
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