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Lousy kids

October 29, 2010
by

In today’s legal news, don’t think just because you’re 4 years-old you aren’t within the reach of the long arm of the law.  Not only can people just go around stealing your damn flowers with apparent impunity, but you’d better watch where you ride your damn bike:

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 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 weeks later.

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.

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.”

Okay, so if you’re not yet 4, you’re cool. Wreak havoc all over town. But that 4th birthday’s a bitch, so watch your ass kid.
 

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3 Comments leave one →
  1. jco permalink
    October 29, 2010 2:23 pm

    The lady died.

    • Fat Al permalink*
      October 29, 2010 5:09 pm

      What’s your point?

  2. October 29, 2010 5:10 pm

    I think they should go on Maury to settle this dispute. Maybe throw in a paternity test for the hell of it.

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