Posted on 02/11/2005 11:21:34 AM PST by UpHereEh
As a general rule, suing a seven-year-old won't score you any points with St. Peter. But Mary Ellen Michaels and her lawyer, Judson Hawkins, already have guaranteed reservations at the Burning Lake of Fire Spa & Resort. Our saga began when Michaels was rollerblading down a Metroparks bike path in Strongsville last spring. She came upon a seven-year-old riding a bike. Behind the boy was his grandma, who was watching him while his parents were on a trip to New Orleans.
Michaels yelled at the boy to get out of the way. The kid stopped his bike, giving Michaels barely enough room to pass. She tried to squeeze through, but never made it. The toe of her rollerblade caught the bike's rear wheel. Michaels' leg snapped, and her foot twisted 180 degrees. "This was a serious injury," says Hawkins.
Most people would chalk it up to bad luck. What are you gonna do, sue a seven-year-old?
Well, if you're Mary Ellen Michaels, yes.
And just to secure her future in the Land of 1,000 Screams, she also sued Grandma and the boy's parents, who were a thousand miles away at the time.
The boy's lawyer politely notes that this was a bad move. "Basically, what we said is that even if you accept everything she says as fact, she still doesn't have a case," says Patrick Roche. Translation in non-lawyerspeak: "What the %$#@ is wrong with you, Mary Ellen?"
Both the trial and the appellate courts tossed the case. But that doesn't mean the kid's getting off scot-free. Michaels directed her lawyer to fight all the way to the Ohio Supreme Court. "I don't take frivolous cases," says Hawkins, whose hobbies presumably include stealing old people's medicine and torturing kittens. "I did considerable research before I sued a seven-year-old. Given the nature of the injury, I thought it merited a lawsuit."
It appears that her screaming is what caused him to stop. If she hadn't startled him, he would have kept pedaling, giving her enough room to get around him safely.
The court will use the precident of rear end collisions of automobiles. She was following to close to the boy when she struck him from behind. The collision was her fault.
Bikes and rollerblades. Leave the damn toys to the kids.
"Just like those evil SUVs that just lose their mind and start running people over and crashing into things without the driver? ;)"
Well..that works, but I was thinking about the guns that kill innocent people.
Exactly. If you are driving a car and someone stops in from of you and then you rear end them. You are at fault.
You're twisted.
I've been stretching out, and am now quite limber for a 38y/o
It all depends on how fast you're blading, as well as acceleration. Yes, if you want to get up above 15 mph, and stay there, you need longer leg strokes. But most multiuse paths prohibit speeds above 15 mph. In any event, given the uncontrolled terrain, passing anyone requires the maximum of control, which you only get by coasting through the pass, something that anyone who's been blading more than five minutes should have figured out. And frankly, if you're coasting, you should be able to pass within a body's width -- do it all the time around bollards. So, not only was the skater going too fast, she was selfishly not coasting.
Oh, and I see way more bikers violate speed limits and good passing procedure than bladers...
No, I wouldn't sue a seven-year-old that caused an accident on a path. However, if a kid hit me with a rock and took an eye out, I'd sue his parents. If the laws of the state in question required me to sue the kid instead of his parents for losing an eye, then I'd have to sue the kid -- assuming his parents or insurance would have to pay any judgement.
I hope the little kid files a counter suit for the damage to his bike and intentional infliction of emotional distress and battery. If I were on the jury I'd award him a billion dollars.
What galls me are bikers who ride side-by-side on a narrow, crowded path. I also think bladers who use long leg strokes on a narrow, crowded path are irresponsible.
If I were on the jury I'd award him a billion dollars.Well I guess we should thank our trial system would weed your emotional butt from the jury pool.
I understand you are offended by a big bad adult suing a poor widdle kiddie, but if he was the cause of this accident, then I don't see the problem with Mom/Dad/Grandma paying this women's medical bills.
They ride in the streets here in Boulder.. Idiots, They ride 3 or 4 abreast and wonder why cars try to run them over.
On a second note. doesn't this stupid broad have insurance? Why is she paying the medical bills? And if she doesn't have insurance why s she rollerblading? I snowboard but when I was between jobs years ago and didn't have insurance I quit snowboarding.
I think the kid should sue the woman.
Bet this was a young couple with NO KIDS!
Those of us with kids know to watch out for them and be careful around them, because they can cause accidents just because they are learning things!
These people and their lawyer need a life! I guess that is why they sued the kid, grandma and parents; to get a life by stealing from others.
My kids have been biking on the bike paths since they were 5. There are all sorts of kids on the path by our house.
If you're an adult, you need to be careful when passing a kid.
A kid throwing a rock and hitting you in the eye is completely different.
As far as we can tell this kid was not acting irresponsibly. He was not TRYING to hurt the woman.
Idiots, They ride 3 or 4 abreast and wonder why cars try to run them over.They are idiots.
Group rides are for p*zzyz - they're just trying to draft.
I believe in following the rules of the road, using a mirror, signaling, and giving the right of way to faster vehicles - WHEN IT IS SAFE TO DO SO.
Which means - if my choice is YOU (Mr Vehicle) being able to pass me, or ME staying out of the gutter/trash/potholes, YOU Lose, and I will edge my way out into the lane, just to make sure you see me - and understand you cannot pass safely.
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