Girl, 4, can be sued for accident, court rules
Source: Agencies |
October 31, 2010, Sunday
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Print Edition
Print Edition
A girl can be sued over accusations she ran over an elderly woman with her training bicycle when she was four 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 bikes.
Menagh underwent surgery for a fractured hip and died three months later.
In a ruling made public late on Thursday, the judge dismissed arguments by Breitman's lawyer that the case should be dismissed because of her young age. He ruled she is old enough to be sued.
The decision also allows a lawsuit to proceed against the Kohn family.
Wooten disagreed with the lawyer's assertion that Breitman should not be held responsible because her mom was supervising at the time.
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 bikes.
Menagh underwent surgery for a fractured hip and died three months later.
In a ruling made public late on Thursday, the judge dismissed arguments by Breitman's lawyer that the case should be dismissed because of her young age. He ruled she is old enough to be sued.
The decision also allows a lawsuit to proceed against the Kohn family.
Wooten disagreed with the lawyer's assertion that Breitman should not be held responsible because her mom was supervising at the time.
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