Yep, it is a 4 (nearly 5) year old, but, it was also an 87 year old woman. Perhaps someone's mother, sister, wife, aunt, etc. She is as deserving of rights as anyone else, right?
The Court said that the lawsuit could move forward, and has made no ruling on liability (whether the child/ren were/could be held negligent). When we begin closing the courthouse [I]doors[I] to people, we lose the right to avail ourselves of the justice system. Many people think a particular lawsuit is ridiculous. LOL, probably most people that GET sued think the suit is without merit. Thankfully, they aren't the arbiter...the jury or Judge is.
We could go back in time and deal with the suits of segregation, for example. If these suits were [I]barred[I] at the courthouse door (not allowed to be brought/filed) by someone because someone felt them unworthy, we would still be living in a segregated society.
So, what the Judge has said is nothing more than there is no bright line in the sand that precludes the filing of a lawsuit against a person over 4. This is so far from saying, "a lawsuit against a 4 year old will be successful".
I would have sued the parent for negligent supervision. I know what ONE kid on a bike with training wheels represents. Sidewalks are for pedestrians, not bikers (no matter their age). J bikes now on a sidewalk, and knows to immediately pull over and yield to peds.
One doesn't know completely from the story what the woman's injuries were from the accident. That might be what they are suing for, a broken hip. I know, from strictly a layperson's experience, what a broken hip means to someone of that age. It is often times an occurence from which the person doesn't recover. They don't DIE from the broken hip, but from complications.
The state isn't paying any costs in this. The insurance company for the little kid, the parent's insurance company, presumably, is paying for their lawyer. The other side (the deceased woman's side) is either funded by assets of the estate of the deceased, or paid for by the deceased's decedents.
Everyone has a difference of opinion on what is valuable, or worthy. I have seen many people's opinions change when it becomes something of value to them.
Bookmarks