Get an Extra 20% Off Sale Items - Use code: EXTRA20
October 31, 2010 @ 08:43 PM
Virungă

Post: 2790

Join Date: Jan 2010

Location: Connecticut

www.nytimes.com/2010/10/29/nyregion/29young.html
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.
October 31, 2010 @ 08:49 PM
Axraexl

Post: 3190

Join Date: Jun 2010

Location: Isolation

Lol
You obviously copied and pasted this.
Smh @ people trying to seem intelligent and articulate

Run away from the land of Sodom and Gomorrah, the land of the sinking sand

October 31, 2010 @ 08:53 PM
MrImFukNSleepN

Post: 2625

Join Date: Aug 2010

Location: The City.

Lol
You obviously copied and pasted this.
Smh @ people trying to seem intelligent and articulate

LMFAOOOOOO

Wow....
Latepass on story.
October 31, 2010 @ 08:55 PM
snake?Snake?!SANKE!

Post: 1892

Join Date: Mar 2010

Location: Phx

Lol
You obviously copied and pasted this.
Smh @ people trying to seem intelligent and articulate


............................................................................................................................................................

rollin' down the strip on vogues comin up slammin cadillac does

October 31, 2010 @ 08:57 PM
GranzoRico

Post: 1402

Join Date: Jul 2006

Location: boogie down bx

Cosign 6Kiss. lol
October 31, 2010 @ 08:59 PM
STI Guy

Post: 4516

Join Date: Jan 2007

Location: nyc

Lol
You obviously copied and pasted this.
Smh @ people trying to seem intelligent and articulate


you should be called captain obvious. of course he copy/pasted this. he even provided a link.
October 31, 2010 @ 09:14 PM
Oh Shit Ninjas! MILK, RUN!!!

Post: 749

Join Date: Apr 2010

Location: If Madonna Calls...I...

Bout time these 4 year old captains of industry and child virtuoso's were made to answer for their crimes, finally their tiny, still developing legs will wobble under the same crushing weight of lady justice's heel as everyone else. no longer will u hide behind your baby slush funds and prepubescent tax shelters somewhere in the carribean, this is america niqqa....we can sue anybody, deal wit it cool






its nice when the system works cool
October 31, 2010 @ 09:20 PM
tonysteak

Post: 1231

Join Date: Apr 2009

Location: stankonia

Lol
You obviously copied and pasted this.
Smh @ people trying to seem intelligent and articulate



www.twitter.com/tonysteak

October 31, 2010 @ 09:22 PM

Inactive

Lol
You obviously copied and pasted this.
Smh @ people trying to seem intelligent and articulate


This is what happens when Kid Cudi is your favorite rapper.
October 31, 2010 @ 09:30 PM
Axraexl

Post: 3190

Join Date: Jun 2010

Location: Isolation


Run away from the land of Sodom and Gomorrah, the land of the sinking sand


Please login first to reply.
Back To Top