The plaintiff didn't voluntary choose to be around a 5 year old nor did she know and appreciate that the 5 year old would be drag racing her tricycle down a public sidewalk where the little old lady was walking.  Between the child who caused the harm and the innocent old lady, i think the law should favor the most innocent party and therefor the kid should pay for the damage she caused.  Parents have a duty to supervise their kids and teach them right from wrong.........and drag racing down a public sidewalk is clearly wrong.
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From: Academy of Legal Studies in Business (ALSB) Talk [[log in to unmask]] On Behalf Of James A. Bryant [[log in to unmask]]
Sent: Saturday, October 30, 2010 3:04 PM
To: [log in to unmask]
Subject: Re: Things I really hate...

It certainly does. Should be dismissed on a motion.

James Bryant

>>> Virginia Maurer 10/29/10 3:55 PM >>>
I hate to say this, as I approach 64 (Will you still need me? Will you still feed me?) but doesn?t being in the presence of a 5 year old constitute assumption of the risk?

From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Michael Katz
Sent: Friday, October 29, 2010 11:42 AM
To: [log in to unmask]
Subject: Re: Things I really hate...

Stupid legal decisions
*********************
Manhattan Judge Rules 4-Year-Old Biker Can Be Sued for Negligence

A Manhattan judge ruled that a 5-year-old girl accused of running down an elderly woman while riding her training-wheels-equipped bike down East 52nd Street nearly two years ago can be sued for negligence. The lady the young girl hit suffered a hip fracture and died. According to New York law, kids under the age of 4 are presumed incapable of negligence, but this girl was already a few months past her 4th birthday at the time of the incident. So, time to grow up. [NYT<http://www.nytimes.com/2010/10/29/nyregion/29young.html?hp>]


Michael A. Katz, J.D.
Delaware State University
Accounting, Economics & Finance Department
Bank of America Building
1200 N. DuPont Highway
Dover, DE 19901
302-857-6918 (O)
302-857-6924 (F)
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