[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help] 

Status: Not Logged In; Sign In

These Are The Most Stolen Cars In Every US State

Earth Changes Summary - June 2025: Extreme Weather, Planetary Upheaval,

China’s Tofu-Dreg High-Speed Rail Station Ceiling Suddenly Floods, Steel Bars Snap

Russia Moves to Nationalize Country's Third Largest Gold Mining Firm

Britain must prepare for civil war | David Betz

The New MAGA Turf War Over National Intelligence

Happy fourth of july

The Empire Has Accidentally Caused The Rebirth Of Real Counterculture In The West

Workers install 'Alligator Alcatraz' sign for Florida immigration detention center

The Biggest Financial Collapse in China’s History Is Here, More Terrifying Than Evergrande!

Lightning

Cash Jordan NYC Courthouse EMPTIED... ICE Deports 'Entire Building

Trump Sparks Domestic Labor Renaissance: Native-Born Workers Surge To Record High As Foreign-Born Plunge

Mister Roberts (1965)

WE BROKE HIM!! [Early weekend BS/nonsense thread]

I'm going to send DOGE after Elon." -Trump

This is the America I grew up in. We need to bring it back

MD State Employee may get Arrested by Sheriff for reporting an Illegal Alien to ICE

RFK Jr: DTaP vaccine was found to have link to Autism

FBI Agents found that the Chinese manufactured fake driver’s licenses and shipped them to the U.S. to help Biden...

Love & Real Estate: China’s new romance scam

Huge Democrat shift against Israel stuns CNN

McCarthy Was Right. They Lied About Everything.

How Romans Built Domes

My 7 day suspension on X was lifted today.

They Just Revealed EVERYTHING... [Project 2029]

Trump ACCUSED Of MASS EXECUTING Illegals By DUMPING Them In The Ocean

The Siege (1998)

Trump Admin To BAN Pride Rainbow Crosswalks, DoT Orders ALL Distractions REMOVED

Elon Musk Backing Thomas Massie Against Trump-AIPAC Challenger


Miscellaneous
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: 255
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  


TopPage UpFull ThreadPage DownBottom/Latest

Begin Trace Mode for Comment # 2.

#2. To: James Deffenbach (#0)

I really have to wonder what the parents were doing that allowed their children to mow down on old lady.

farmfriend  posted on  2010-10-30   17:25:48 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 2.

#4. To: farmfriend (#2)

I really have to wonder what the parents were doing that allowed their children to mow down on old lady.

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.

James Deffenbach  posted on  2010-10-30 17:31:42 ET  Reply   Untrace   Trace   Private Reply  


#9. To: farmfriend (#2)

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.

RickyJ  posted on  2010-10-30 23:03:24 ET  Reply   Untrace   Trace   Private Reply  


#13. To: farmfriend (#2)

I really have to wonder what the parents were doing that allowed their children to mow down on old lady.

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.

Turtle  posted on  2010-10-31 14:00:46 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 2.

TopPage UpFull ThreadPage DownBottom/Latest


[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help]