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Who is the douchebag?
The kid 7%  7%  [ 2 ]
The parents 10%  10%  [ 3 ]
The dead old woman 17%  17%  [ 5 ]
The woman's estate 66%  66%  [ 19 ]
Total votes : 29
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 Post subject: 4 year old getting sued
PostPosted: Fri Oct 29, 2010 11:39 am 
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Just saw this on Consumerist...

http://www.nbcdfw.com/news/sports/_They ... 03773.html

A 4 year old kid ran over an old lady with a bike. She broke her hip as all old people do and later died. The estate of the woman is suing the 4 year old

so who is the douchebag? should the parents have not allowed the child to ride a bike in the street? Was the kid Dennis the Menace? should the woman's estate realize kids make mistakes?

A judge has ruled that a suit can be brought against a 4-year old who mowed down an 87-year old lady with her bike.

Quote:
As their mothers watched, the girl and another child were racing their bikes, equipped with training wheels, down a sidewalk when they struck an elderly woman walking in front of a building on East 52nd st in Manhattan. The woman suffered a hip fracture and died three weeks after surgery. Her estate sued the children and their parents for negligence.

Previous courts have ruled that children under 4 are incapable of negligence and cannot be sued for it. The child in this case was 3 months under 5 and the judge decided not to extend the four and under rule to her.

In his ruling, the judge concluded by saying there was nothing to indicate the child's "lack of intelligence or maturity" or evidence 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."


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PostPosted: Fri Oct 29, 2010 11:41 am 
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PostPosted: Fri Oct 29, 2010 11:46 am 
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The estate is the douchebag. Period. Point. Blank!

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PostPosted: Fri Oct 29, 2010 11:54 am 
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Old woman...

Hey lady. MOVE!

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PostPosted: Fri Oct 29, 2010 11:55 am 
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Was tempted to DB the dead granny since if you don't have the ability to move
away from a 4yr old riding a bike maybe you shouldn't be out and about. But
the more I think about it, the elderly do have a right to a small part of the sidewalk.
I would say the estate in this case. How you can hold a small child responsible and
potentially financially ruin a family over this accident is a bit much. Also, maybe the
judge should be an option to vote for in this one.

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PostPosted: Fri Oct 29, 2010 11:57 am 
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The estate

Money grubbing bastards

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PostPosted: Fri Oct 29, 2010 12:09 pm 
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I vote other.
The legal system that allows crap such as this.

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PostPosted: Fri Oct 29, 2010 12:11 pm 
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What lawyer other then a money hungry one would take this case and what judge other then a moron that wants his 5 minutes of fame allow this case to go through?

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PostPosted: Fri Oct 29, 2010 5:52 pm 
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Redneckmommy wrote:
What lawyer other then a money hungry one would take this case and what judge other then a moron that wants his 5 minutes of fame allow this case to go through?


Unfortunately, there are way too many of both. I know a plaintiffs' personal injury lawyer who tells me she spends as much time listening and saying no to potential clients as she does listening and saying yes. She says she has turned down many ridiculous cases, but she sees most of them invariably filed anyway by some greasy PI attorney....especially when said greaseball can get the client to pay them a retainer up front and not take it entirely on contingency.


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PostPosted: Sat Oct 30, 2010 10:58 am 
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I blame the parents.


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PostPosted: Sat Oct 30, 2010 11:03 am 
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The old lady. Stay in the house.

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PostPosted: Sun Oct 31, 2010 9:56 am 
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I will probably sue you, and the people that you work with and represent.

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