See other Miscellaneous Articles
Title: New York child sued for woman's death after bike crash
Source:
[None]
URL Source: http://www.bbc.co.uk/news/world-us-canada-11657376
Published: Oct 30, 2010
Author: .
Post Date: 2010-10-30 17:03:23 by James Deffenbach
Keywords: None
Views: 174
Comments: 14
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.
Post Comment Private Reply Ignore Thread
Top • Page Up • Full Thread • Page Down • Bottom/Latest
#1. To: James Deffenbach (#0)
Mr. Wooten needs to be disbarred and thrown in jail for extreme malice and intent to injure a minor. He is just another NYC fascist that feels good making children suffer. Even criminal courts have a minimum age requirement before bringing charges.
I really have to wonder what the parents were doing that allowed their children to mow down on old lady.
Tough women come from New York, sweet women from Texas, prissy women from Southern California, but we NORTHERN CALIFORNIA WOMEN have fire & ice in our blood. We can ride 4-wheelers, be a princess, throw a left hook, pack heat, hunt with the men, bake a cake, love with passion, and if we have an opinion, you know you're going to hear it!! He is just another NYC fascist that feels good making children suffer. Even criminal courts have a minimum age requirement before bringing charges. When I read this story and was trying to think what category it fit in I realized we didn't have one. I think we should have one for Bizarre rulings by crazed judges or something like that.
Liberty is not a means to a higher political end. It is itself the highest political end. He (Gordon Duff) also implies that forcibly removing Obama, a Constitution-hating, on-the-down-low, crackhead Communist, is an attack on America, Mom, and apple pie. I swear these military people are worse than useless. Just look around at the condition of the country and tell me if they have fulfilled their oaths to protect the nation from all enemies foreign and domestic. While it was bad that an old lady got run down, it is even worse when some moron judge decides that a four-year old child can be sued for something like this.
Liberty is not a means to a higher political end. It is itself the highest political end. He (Gordon Duff) also implies that forcibly removing Obama, a Constitution-hating, on-the-down-low, crackhead Communist, is an attack on America, Mom, and apple pie. I swear these military people are worse than useless. Just look around at the condition of the country and tell me if they have fulfilled their oaths to protect the nation from all enemies foreign and domestic. I agree. I can see suing the parents for not controlling their children but suing the kids is a farce beyond words.
Tough women come from New York, sweet women from Texas, prissy women from Southern California, but we NORTHERN CALIFORNIA WOMEN have fire & ice in our blood. We can ride 4-wheelers, be a princess, throw a left hook, pack heat, hunt with the men, bake a cake, love with passion, and if we have an opinion, you know you're going to hear it!! I wouldn't have any issue with the girls parents being sued. After all, they are responsible for her and what she does, at least at that age.
Liberty is not a means to a higher political end. It is itself the highest political end. He (Gordon Duff) also implies that forcibly removing Obama, a Constitution-hating, on-the-down-low, crackhead Communist, is an attack on America, Mom, and apple pie. I swear these military people are worse than useless. Just look around at the condition of the country and tell me if they have fulfilled their oaths to protect the nation from all enemies foreign and domestic. I suppose the old woman was a Jew. What other family would sue kids?
God is always good!
Are you kidding? America is full of people who live to sue someone. Not proud of it but I have some relatives like that (not close relatives, and no, they aren't Jewish).
Liberty is not a means to a higher political end. It is itself the highest political end. He (Gordon Duff) also implies that forcibly removing Obama, a Constitution-hating, on-the-down-low, crackhead Communist, is an attack on America, Mom, and apple pie. I swear these military people are worse than useless. Just look around at the condition of the country and tell me if they have fulfilled their oaths to protect the nation from all enemies foreign and domestic. The old lady probably wasn't looking and walked out in front of them. Most kids aren't trying to hit people, that's why it was an accident. If the woman wasn't already in bad health a couple of 4 year olds on bikes wouldn't have hurt her that bad.
God is always good!
OK, but what kind of lawyer would sue kids? My bet is a Jewish lawyer most of the time.
God is always good!
Or the lawyer or victim's son is black, and the kids are white.
Well, let's see. Given how scrupulous, moral, upright wonderful citizens they all are I can't imagine any lawyer suing a kid. ahahaha.
Liberty is not a means to a higher political end. It is itself the highest political end. He (Gordon Duff) also implies that forcibly removing Obama, a Constitution-hating, on-the-down-low, crackhead Communist, is an attack on America, Mom, and apple pie. I swear these military people are worse than useless. Just look around at the condition of the country and tell me if they have fulfilled their oaths to protect the nation from all enemies foreign and domestic. I work with old people. They cost a lot of money. I do my part to eradicate them with the "pillow" technique, of course, after they sign everything over to me.
"If ever this vast country is brought under a single government, it will be one of the most extensive corruption, indifferent and incapable of a wholesome care over so wide a spread of surface. This will not be borne, and you will have to choose between reform and revolution. If I know the spirit of this country, the one or the other is inevitable." - Thomas Jefferson
Tough women come from New York, sweet women from Texas, prissy women from Southern California, but we NORTHERN CALIFORNIA WOMEN have fire & ice in our blood. We can ride 4-wheelers, be a princess, throw a left hook, pack heat, hunt with the men, bake a cake, love with passion, and if we have an opinion, you know you're going to hear it!! 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.
#2. To: James Deffenbach (#0)
#3. To: PaulCJ (#1)
Mr. Wooten needs to be disbarred and thrown in jail for extreme malice and intent to injure a minor.
Lord Acton
OsamaBinGoldstein posted on 2010-05-25 9:39:59 ET (2 images) Reply Trace
#4. To: farmfriend (#2)
I really have to wonder what the parents were doing that allowed their children to mow down on old lady.
Lord Acton
OsamaBinGoldstein posted on 2010-05-25 9:39:59 ET (2 images) Reply Trace
#5. To: James Deffenbach (#4)
While it was bad that an old lady got run down, it is even worse when some moron judge decides that a four-year old child can be sued for something like this.
#6. To: farmfriend (#5)
Lord Acton
OsamaBinGoldstein posted on 2010-05-25 9:39:59 ET (2 images) Reply Trace
#7. To: James Deffenbach (#0)
#8. To: RickyJ (#7)
I suppose the old woman was a Jew. What other family would sue kids?
Lord Acton
OsamaBinGoldstein posted on 2010-05-25 9:39:59 ET (2 images) Reply Trace
#9. To: farmfriend (#2)
#10. To: James Deffenbach (#8)
#11. To: RickyJ (#10)
OK, but what kind of lawyer would sue kids? My bet is a Jewish lawyer most of the time.
#12. To: RickyJ (#10)
OK, but what kind of lawyer would sue kids?
Lord Acton
OsamaBinGoldstein posted on 2010-05-25 9:39:59 ET (2 images) Reply Trace
#13. To: farmfriend (#2)
I really have to wonder what the parents were doing that allowed their children to mow down on old lady.
#14. To: Turtle (#13)
I work with old people. They cost a lot of money. I do my part to eradicate them with the "pillow" technique, of course, after they sign everything over to me.
Top • Page Up • Full Thread • Page Down • Bottom/Latest