SUING A 7-YEAR-OLD

http://www.clevescene.com/issues/2005-02-09/news/firstpunch.html ^ | February 11, 2005

[TXBSAFH]

A loser pays system would solve this problem real quick.

[cherry]

I don't see any case here....she PASSED him, apparently not well, but she was definately in control of the situation....

10 to 1, she's a bitchy liberal elitist who thinks only her kind of athletic body forms should have any rights to parks.....

there's a whole movement by some who think the National Parks should not cater to cars, or campers or people who can't backpack 20 miles in...which means most people...

[azhenfud]

"Speed limits are posted (and I doubt she was exceeding them) and your supposed to STAY in your lane (to the right)."

Maybe she did not exceed a BICYCLE safe speed - but clearly she exceeded a ROLLERBLADE safe speed; and CLEARLY demonstrated she had no control over her own mode of transportation. IMO, it was she who was negligent.

[Mamzelle]

You don't have the right to rear-end someone on the road -- even when you've the ROW, you have to do what you can to avoid an accident. I'd still say the kid would have a better day in court than this crazy woman and her weasel of a lawyer.

I picture a really enraged jury--I'd be furious to find myself on a panel to go after a kid who was hit from behind by someone clearly incapable of safe rollerblading.

I figure she'll eventually go after the municipality...

[bikepacker67]

Point out the language suggestive of a head-on approach

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.

Think about it.

[two134711]

is = does, D'oh!

[wireplay]

You have 'guidelines' for bike paths. These are not laws or hard and fast rules. Similar to a ski slope or sidewalks. There is no obligation for a person to stay in their lane. If you find a law that says that it is mandatory, please let us know.

[ozzymandus]

If she ran into the kid, couldn't he sue her??

[freebilly]

"I did considerable research before I sued a seven-year-old. Given the nature of the injury, I thought it merited a lawsuit."

Just when you thought you'd heard it all....

[nina0113]

Sounds like she failed to yield.

More like tried to shove the kid out of the way after screaming at him.

[bikepacker67]

You don't have the right to rear-end someone on the road

She DIDN'T REAR END HIM. He was coming HEAD ON - IN HER LANE.

Read the Article.

[wireplay]

A blader staying in 'their' lane. That's a joke. They take up both lanes and only move to the side during a pass.

[TChris]

Countersue for assault and battery, and failure to show proper care with rollerblades. The little boy likely has a better cause of action!! She hit him from behind, after all, if what I understand from the article is true.

Absolutely! Nasty little pinheads like this need a whack upside the head with a reality stick. A countersuit is precisely what should be done.

[Richard Kimball]

Irrespective of age, child was stopped, she was moving. It was her responsibility to negotiate safely. A non-moving object, in most instances, is considered the same as a tree or rock. It has the right to be where it is.

That being said, I hope her leg hurts real good. She deserves it for pulling this garbage.

[Celtic Rose]

The article specifically states that she was passing him, which to me indicates that they were going the same way. he stopped, and she was stupid enough to pass when there wasn't enough room. i see absolutely no reason that this poor boy should e penalized for a stupid woman's lack of Rollerblading skills.

[frogjerk]

Look... those are the rules. You are a man (woman) who respects rules, yes?

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.

It is not the NJ Turnpike. Common courtesy and common sense needs to be applied on a recreational bike path. She tried to make it but failed to do so. Just because someone is driving under the speed limit does not give you the right to basically ram them from behind. The kid stopped but she failed to be under control of her "vehicle" and stop as well.

[kpp_kpp]

Whether on a bike on a bike path or in a car in a neighborhood I slow down when approaching kids. You never know what they might do.

It is called common sense. It is not the kids' fault.

[xm177e2]

Don't the lawyers have to prove that the boy had a duty not to be riding his bike there, and that the boy failed to do his duty?

Is there something more to this story, suggesting that the boy was riding his bike in a dangerous or negligent manner? That would seriously affect whether or not she has a case (against the boy and the grandmother... I don't see how she could sue the parents, but I'm not an attorney).

[azhenfud]

"The toe of her rollerblade caught the bike's rear wheel.<

Read the Article."

I don't know how you conclude she and he were approaching one another instead of her coming up on him from the rear.

[Dr. Frank fan]

I'm not a fan of litigiousness, but shouldn't lil' Johnny be practicing his cycling skills in a driveway or sidewalk? Bike paths are not unlike roadways... you stay to the right, and the speed is usually 10-15mph. No place for a teetering 7 y.o.

I'm not sure you read the same article as I did.

-There's no indication whatsoever that the kid is anything but a fantastic bicyclist.

-Whether the boy was to the right or left on the path is not stated.

-Mary Ellen Michaels was rollerblading down a bike path and "came upon" the kid and "yelled" at him to get out of the way.

-The kid stopped his bike in response to her yelling.

-She had "barely enough room to pass"? Clearly this means, "on the side of him that she tried to pass", and that the other side had plenty of space, but she didn't pick that side....

All of this points to Lady Rollerblader as being out of control and unable to stop in time to avoid hazards.

I say this as someone who rollerblades too (and not necessarily all that well :). I can totally imagine this situation - in fact had one like it just yesterday. The problem with rollerblades is the difficulty of stopping. It's not a 7 year old kid's responsibility to be deft and spry and have the ability to snatch his bike off the roadway at a moment's notice due to the braying of some out of control rollerblading lady who can't stop and can't take responsibility for her lack of skillfulness (like I can :)