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New York child sued for woman's death after bike crash
A New York child can be sued for crashing a bicycle into an elderly pedestrian and causing injuries that led to her death, a judge has ruled.
Juliet Breitman and another child were four years old when they raced their small bicycles on a Manhattan street and ran into Claire Menagh, 87.
Juliet's lawyer had argued Juliet was too young to be held negligent.
The judge disagreed, ruling Juliet's lawyer had presented no evidence she lacked intelligence or maturity.
According to court filings, in April 2009, Juliet Breitman and Jacob Kohn were accompanied by their mothers, Dana Breitman and Rachel Kohn, as they raced their bicycles along the pavement near the East River in New York's Manhattan borough.
'No bright line'
The children struck Ms Menagh, knocking her to the ground. She underwent surgery for a fractured hip and died three months later.
Ms Menagh - and later her son, acting as executor of her estate - sued the children, arguing they were "negligent in their operation and control of their bicycles". The estate also sued Dana Breitman and Rachel Kohn, saying they had consented to the race.
Juliet's lawyer sought to have the case dismissed, filing with the court a copy of Juliet's birth certificate showing she was four years and nine months old at the time of the accident.
Citing several cases involving young children who had been in accidents, New York Supreme Court Judge Paul Wooten ruled that Juliet, now six years old, could be sued.
While he noted that the law presumes children under age four are incapable of negligence, "for infants above the age of four, there is no bright line rule", he wrote in the decision.
He also wrote that the Juliet's lawyer had presented no evidence as to the child's lack of intelligence or maturity, nor that "a child of similar age and capacity" would not have understood the danger of riding a bicycle into an old woman.
http://www.bbc.co.uk/news/world-us-canada-11657376
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11-02-2010, 08:41 AM #2
sue'in gchildren...that's crazy...sue the stupid a$$ parents for not paying attention.
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11-02-2010, 08:47 AM #3
this would be an interesting article if it wasn't laden with dumb. btw, i'm suing my nextdoor neighbor who is 7...she said i am a "silly boy"...well that is defamation of character as i'm a 39 year old MAN...i plan on living large after i'm awarded her hannah montana clothes collection...
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^^ can I have the miley cyrus CDs you get ?
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11-02-2010, 11:05 AM #5
Not to cause offence, but America is sometimes regarded as a "sue happy" country, and this seems a perfect example.
I can't believe that a 4 year old child is actually being sued and I cannot believe that a Judge does not believe this child is innocent or immature.
RIDICULOUS.
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11-02-2010, 11:19 AM #6
This is completly ridiculous.
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11-02-2010, 11:19 AM #7
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11-02-2010, 01:44 PM #9
A four year old child does not have legal capacity.
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11-02-2010, 01:53 PM #10
what a joke
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11-02-2010, 01:58 PM #11
thanks to lawyers, yes, the US is litigation happy....people want to get rich off of other people instead of their own hard work/merits and hells no you cannot have my miley
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11-08-2010, 09:04 PM #12
New york city is not a place for a 87year old.
You could get hit by a cab ,chinese delivery guy ,coke delivery man,postal service man,pedestrians,all who use sidewalks.
Should the kids have rode their bikes down broadway with cabs flying past them?
A Jury that finds a 4 year old guilty of negligence, will set a dangerous and sad presidence.
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11-08-2010, 10:02 PM #13
I would like to congratulate the person who decided this judge should no longer be a member of the living, breathing society. We dont need people like him around.
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11-08-2010, 11:27 PM #14
Bullsnip!!
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