Manhattan Judge Allows Lawsuit Against Four Year-Old Girl
Manhattan Judge Allows Lawsuit Against Four Year-Old
Girl
Justice Paul Wooten of the New York State Supreme Court in Manhattan ruled on Friday that a young year-old girl can be sued for negligence in a case stemming from the girl riding a bicycle with training wheels and running down an elderly woman who was walking down a sidewalk.
Judge Wooten's ruling did not find the girl, her parents, or the boy she was racing liable; it merely allowed a lawsuit brought against her to move forward. The lawsuit alleges that Juliet Breitman and Jacon Kohn, in April 2009, were racing their bicycles under the supervision of their mothers on a sidewalk on East 52nd Street. The children were both four at the time.
The two kids allegedly struck an 87 year-old woman named Claire Menagh, who suffered a hip fracture that required surgery. The woman died three months later of unrelated causes. Menagh's estate filed the suit against both children and their mothers, claiming they had acted with negligence leading to the accident. The boy and her mother did not file a motion asking for a dismissal of the case against them.
The Breitmans' attorney, James P. Tyrie, argued that the youngster was too young to be held liable for negligence, citing a 1928 case that found that a child under the age of four is conclusively presumed to be incapable of negligence. Judge Wooten acknowledged the ruling, but declared that Juliet was over the age of four at the time of the incident, and thus old enough to be sued.
Justice Paul Wooten of the New York State Supreme Court in Manhattan ruled on Friday that a young year-old girl can be sued for negligence in a case stemming from the girl riding a bicycle with training wheels and running down an elderly woman who was walking down a sidewalk.
Judge Wooten's ruling did not find the girl, her parents, or the boy she was racing liable; it merely allowed a lawsuit brought against her to move forward. The lawsuit alleges that Juliet Breitman and Jacon Kohn, in April 2009, were racing their bicycles under the supervision of their mothers on a sidewalk on East 52nd Street. The children were both four at the time.
The two kids allegedly struck an 87 year-old woman named Claire Menagh, who suffered a hip fracture that required surgery. The woman died three months later of unrelated causes. Menagh's estate filed the suit against both children and their mothers, claiming they had acted with negligence leading to the accident. The boy and her mother did not file a motion asking for a dismissal of the case against them.
The Breitmans' attorney, James P. Tyrie, argued that the youngster was too young to be held liable for negligence, citing a 1928 case that found that a child under the age of four is conclusively presumed to be incapable of negligence. Judge Wooten acknowledged the ruling, but declared that Juliet was over the age of four at the time of the incident, and thus old enough to be sued.
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