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Judge Rules 6 Year Old Can Be Sued

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    Judge Rules 6 Year Old Can Be Sued

    Just another example of how fucked americans are

    New York Judge rules 6-year-old can be sued
    Reuters

    NEW YORK (Reuters) – A girl can be sued over accusations she ran over an elderly woman with her training bicycle when she was 4 years old, a New York Supreme Court justice has ruled.

    The ruling by King's County Supreme Court Justice Paul Wooten stems from an incident in April 2009 when Juliet Breitman and Jacob Kohn, both aged four, struck an 87-year-old pedestrian, Claire Menagh, with their training bikes.

    Menagh underwent surgery for a fractured hip and died three months later.

    In a ruling made public late Thursday, the judge dismissed arguments by Breitman's lawyer that the case should be dismissed because of her young age. He ruled that she is old enough to be sued and the case can proceed.

    The decision also will allow for the lawsuit to proceed against the Kohn family for the incident.

    "For infants above the age of 4, there is no bright-line rule," Wooten wrote, adding that the girl had been three months shy of turning 5.

    Wooten also disagreed with the lawyer's assertion that Juliet Breitman should not be held responsible because her mother was supervising the children at the time.

    "A parent's presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street," Wooten wrote. He added that "the term 'supervising' is too vague to hold meaning here."

    Wooten concluded by writing that there was no indication or evidence 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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    What are they going to gain if they win the trial...glitter and m&ms?
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    Quote Originally Posted by IainDaniel View Post
    Here is what you need to worry about. Eat, Lift, Rest. Repeat.
    This should be really simple, stop over complicating it.

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    Quote Originally Posted by fufu View Post
    What are they going to gain if they win the trial...glitter and m&ms?
    The child's parents will be financially liable. The wording of these seems ridiculous at a glance, but what it really means is that people will be held accountable for the shit their kids do.

    I'm all for it.
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    a 4 year old girl ran over an elderly woman?
    I am pretty sure it was not malicious, therefore IMO the only thing the parents should be responsible for is the medical bills of the old lady.

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    Quote Originally Posted by LikeARock View Post
    Just another example of how fucked americans are

    "For infants above the age of 4, there is no bright-line rule," Wooten wrote, adding that the girl had been three months shy of turning 5.
    The law seems pretty clear here. The child is over the age of 4 and therefore, was capable of forming a malicious intent. I'd take it a step further and say that this is possibly a hate crime since the child was clearly targeting the elderly. The parents are probably a couple of tea party nutjobs and have been ranting about healthcare and against the sick and elderly. It'll be interesting to see what the investigation uncovers.

    It's hard to understand how people can look at situations like this and still claim that the tea party isn't dangerous to society.
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    Quote Originally Posted by Prince View Post
    a 4 year old girl ran over an elderly woman?
    I am pretty sure it was not malicious, therefore IMO the only thing the parents should be responsible for is the medical bills of the old lady.
    It doesn't have to be malicious. Parents are lazy when it comes to making sure their booger eating rugrats aren't a nuisance to everyone else. I think you have to make parents more financially liable in order to force them to actually watch what the fuck their kids do.

    On the other hand, the situation was rare. The old bitch was 87 with one foot in the grave already. How financially liable can you be? A stiff wind might have blown her over and killed her. I think the kid should have to pay their allowance until 18, 14 with good behavior.
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    Quote Originally Posted by KelJu View Post
    It doesn't have to be malicious. Parents are lazy when it comes to making sure their booger eating rugrats aren't a nuisance to everyone else. I think you have to make parents more financially liable in order to force them to actually watch what the fuck their kids do.

    On the other hand, the situation was rare. The old bitch was 87 with one foot in the grave already. How financially liable can you be? A stiff wind might have blown her over and killed her. I think the kid should have to pay their allowance until 18, 14 with good behavior.
    fair enough, obviously you don't have any kids.

    accidents happen, and a 4 years old riding a tricycle on the sidewalk is pretty damn normal, you can't just sue everyone for every fucking accident that happens, that is the problem with this country everyone wants to sue.

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    Quote Originally Posted by Prince View Post
    fair enough, obviously you don't have any kids.

    accidents happen, and a 4 years old riding a tricycle on the sidewalk is pretty damn normal, you can't just sue everyone for every fucking accident that happens, that is the problem with this country everyone wants to sue.
    No, I don't have kids, and never will. I despise parents today. They are lazy assholes with an entitlement attitude of epic proportions. Everything has to revolve around their shitty kids and their shitty kid's safety and well being.

    At the same time they let their kids terrorize non-breeders. Just like the stupid bitch that lets her 10 kids play in the road waiting on the school bus every morning. I have to dodge these kids like a racing video game.

    This is in a 30 mph area, and I drive it 30 mph, because I'm not slowing down out of principle at this point. If I hit one, I am going to sue this bitch for her kid's head denting in my car bumper.
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    Generalize much.

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    It states she was hit with 2 bikes by 2 seperate four year olds? That does sound a bit malicious. But its not like they have a concept of injury or death a that age. I dont even think adults for the most part have a concept of death or serious injury.

    But then again, this happened in Brooklyn. I threw an asphalt rock at someone driving when i was 6. It hit the guy in the head and he almost crashed. He managed to chase after me, caught me hiding and dragged me home. Theres something in the water there i think that makes people do fucked up things.

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    Quote Originally Posted by KelJu View Post
    No, I don't have kids, and never will. I despise parents today. They are lazy assholes with an entitlement attitude of epic proportions. Everything has to revolve around their shitty kids and their shitty kid's safety and well being.

    At the same time they let their kids terrorize non-breeders. Just like the stupid bitch that lets her 10 kids play in the road waiting on the school bus every morning. I have to dodge these kids like a racing video game.

    This is in a 30 mph area, and I drive it 30 mph, because I'm not slowing down out of principle at this point. If I hit one, I am going to sue this bitch for her kid's head denting in my car bumper.

    The current Generation E (for Entitlement) is a combination of factors, such as:


    both parents having to work to support the household and the kids get raised in daycare centers.

    broken homes, we have over a 50% divorce rate.

    the law and society basically saying we cannot discipline children, anything you do is "abuse", even in public schools as early as 4th grade they have cops come lecture the children and basically tell them if they are getting "abused" to tell their teachers, then social service shows up at your house.

    public high schools are filled with drugs and violence, and the peer pressure is pretty heavy.

    Honestly KelJu for the most part you're talking out of your ass here and making generalized blanket statements, and the fact that you have never raised a child just displays that you have no clue what you're talking about and what parents go thru in this day and age.

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    Quote Originally Posted by IainDaniel View Post
    Generalize much.
    Yeah, of coarse it is a generalization. It sure isn't anecdotal.
    Last edited by KelJu; 11-03-2010 at 12:49 PM.
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    Quote Originally Posted by Prince View Post

    The current Generation E (for Entitlement) is a combination of factors, such as:


    both parents having to work to support the household and the kids get raised in daycare centers.

    broken homes, we have over a 50% divorce rate.

    the law and society basically saying we cannot discipline children, anything you do is "abuse", even in public schools as early as 4th grade they have cops come lecture the children and basically tell them if they are getting "abused" to tell their teachers, then social service shows up at your house.

    public high schools are filled with drugs and violence, and the peer pressure is pretty heavy.

    Honestly KelJu for the most part you're talking out of your ass here and making generalized blanket statements, and the fact that you have never raised a child just displays that you have no clue what you're talking about and what parents go thru in this day and age.


    First of all, I am fully aware of why things are the way they are. I am fully aware that a societal changes in family structure and family member roles have lead to changes in how children are raised. That doesn't make you any less liable for the shit your kids do. If my dog attacked your kid, I am liable. Well what if your 4-year-old attacked my grandmother? We are talking about two creatures who are at close to the same intelligence level. Intent has nothing to do with it.

    And don't even try to give me the whole "your not a parent, so you don't know what you are talking about". That is the warcry of the lame parent.
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    Quote Originally Posted by KelJu View Post
    And don't even try to give me the whole "your not a parent, so you don't know what you are talking about". That is the warcry of the lame parent.
    no, actually it's a valid statement.

    its easy to talk the shit you're talking when you've never had first hand experience.

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    Quote Originally Posted by Prince View Post
    no, actually it's a valid statement.

    its easy to talk the shit you're talking when you've never had first hand experience.

    It's not a valid argument, it is a god damn logical fallacy. It is some sort of chemical physiological change that occurs in a human brain the second that baby pops it's ugly underdeveloped head out of it's mother's stretched destroyed vagina that makes you think you are somehow wiser about life. If that is so true, how come there are so many shitty retarded people with shitty retarded kids?
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    Quote Originally Posted by KelJu View Post
    The child's parents will be financially liable. The wording of these seems ridiculous at a glance, but what it really means is that people will be held accountable for the shit their kids do.

    I'm all for it.
    Yeah I know, I was joking about that.

    I'm for people being accountable for their children's actions...to an extent. I didn't see the specific incidence of this case, but I'd probably rack this one up as "shit happens".

    Someone always has to be blamed though.
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    Quote Originally Posted by KelJu View Post
    It's not a valid argument, it is a god damn logical fallacy. It is some sort of chemical physiological change that occurs in a human brain the second that baby pops it's ugly underdeveloped head out of it's mother's stretched destroyed vagina that makes you think you are somehow wiser about life. If that is so true, how come there are so many shitty retarded people with shitty retarded kids?
    LOL are you serious? His point is your view would be vastly different if you had kids compaired to your view now that you don't. How many parents are out there that aren't retarded and don't have shitty kids? Jesus, talk about making a blanket statement.

    So if my daughter was 4yrs old and was playing in the playground inside the mall and jumped off the slide and was running to me and ran into a 80yr old going to their grandkid and "hurt" said 80yr old she should be able to be sued? LOLWAT.

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    mental anguish that the child will suffer during the proceedings..

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    So when we see four year olds go slamming into a tree on their bicycle they did it intentionally? How fast can a four year old get going on a little bitty bike with training wheels....we're talking tiny bikes with tiny kids on them. Shouldn't we ask was this old woman, who could be toppled by a toddler, in any condition to be walking the streets? Did she make poor judgement in thinking she didn't need assistance or a hover round or something in her frail condition....I mean I see old people who can't stand up straight crossing the roads out here all the time many times not in a crosswalk. Do our wise old people get to have a pass when they make poor judgment on their ability to get out and about? My gf's grandfather and his wife in their 80's used to drive and their car had dents all over it....one time he scraped the wall of a parking garage for 20ft without realizing it. His wife who'd had a stroke a year before and wasn't all there drove into the side of a bus didn't have any repercussions except for taking away her license, she still drove....
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    if a 4 year old can be sued for accidentally running into someone what the hell is next?

    I really hope the jury makes a point by siding with the little girl and her family.

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    Was just looking throw the post and seen an ad for "first4lawyers"
    Think i might give them a call see what they can do for me about my nephew who is 4 weeks old who was sick on me....

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    old bag had it coming. she should of been inside watching the peoples court with a blanket draped over her legs, sipping some bouillon broth.

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    Quote Originally Posted by KelJu View Post
    First of all, I am fully aware of why things are the way they are. I am fully aware that a societal changes in family structure and family member roles have lead to changes in how children are raised. That doesn't make you any less liable for the shit your kids do. If my dog attacked your kid, I am liable. Well what if your 4-year-old attacked my grandmother? We are talking about two creatures who are at close to the same intelligence level. Intent has nothing to do with it.

    And don't even try to give me the whole "your not a parent, so you don't know what you are talking about". That is the warcry of the lame parent.
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    Quote Originally Posted by KelJu View Post
    If my dog attacked your kid, I am liable. Well what if your 4-year-old attacked my grandmother? We are talking about two creatures who are at close to the same intelligence level.
    My dog is MUCH smarter than the average four year old.

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    This thread is interesting. Can't tell if it's about a senile judge that needs to be removed from the bench due to loss of common sense faculties or a sparring match between Prince and someone that obviously was ganged raped repeatedly by malicious young retarded children not watched by their lazy parents.
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    Is it just me or does anyone else notice that those that do not have kids always seem to be experts at raising them?

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    Quote Originally Posted by CellarDoor View Post
    Is it just me or does anyone else notice that those that do not have kids always seem to be experts at raising them?
    That's because we have time to think about it....(though I did help raise my GF's daughter from 11-18 yrs old)...
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    Quote Originally Posted by maniclion View Post
    That's because we have time to think about it....(though I did help raise my GF's daughter from 11-18 yrs old)...
    lol, then you don't count. I am talking about those that do not have children in the house on a regular basis.

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