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."
You still miss this crucial point: "Who cares what they put on the sign?". It isn't the law. It is non-enforceable. Please explain how it is enforceable.
As a skater myself, my impression is that she was moving too fast. According to the story, the kid stopped his bike before the collison. At that point, he was a fixed obstruction, like a stone in the road, which it would be the skater's responsibility to avoid.
One would assume that if there wasn't enough room to pass on one side, there must be a lot on another. Every path I have been on, people slow down and yell from far enough behind that they can react to how the person in front responds. Many people slow down when approaching children because they are slower and inexperienced. That is common sense that obviously this woman doesn't have and neither does her lawyer.
One day too old.
Having said that, parents, grandparents, babysitters or whoever else is watching the rugrats needs to do a better job handling them and be careful on public trails. If you are seven, having an adult cyclist or rollerblader crashing into you full speed will feel less than average.
Heedless Adults + Negligent Adults + Loose Kids = Stupid Accident.
Look at it this way; how would you feel if a bicyclist came barreling down a sidewalk at you, screamed for you to get out of the way, they took a tumble, broke an arm, and sued you?
Down here where I live the bikers come out in droves on pretty days, they ride sometime in Twos blocking the highway and making cars go around them riding 15 on a 50 MPH narrow highway is pretty arrogant as well as dangerous.How many of us have driven thru the city as bikes come down between cars where they dont have a lane, and how many of them seem to think stop lights have no meaning for them, Yet they cry the loudest when a car hits them. Now we have a 7 year old riding a bike on a bike lane where he belongs and this "lady" rollerblading and out of control runs into him while he is stopped. She is wrong. Anyone who hits a standing object in broad daylight is wrong.
In either case, common sense strongly suggests reducing speed when approaching an unpredictable obstacle ... such as a kid, or a 'blader, or a dog.I agree completely. But many of these paths are built in limited park-space, and have winding curves, and rolling hills.
Whose fault is this? Solomon only knows, but to brand this woman as a greedy B*tch is simply unfair.
Look at it this way; how would you feel if a bicyclist came barreling down a sidewalk at you, screamed for you to get out of the way, they took a tumble, broke an arm, and sued you?If I was walking to the left? I'd call a good lawyer, and pray there wasn't witnesses.
"I did considerable research before I sued a seven-year-old. Given the nature of the injury, I thought it merited a lawsuit."
Seems like a ridiculous thing to say.
But actually, the lawyer's covering his six.
HE'S worried about being hit with a fine by the court for having a filed a frivolous lawsuit. So he's backing and filling and saying to all the lawyers and judges out there "Hey! I did my legal diligence! Maybe it wasn't a good case. Maybe even my client should have lost. But it wasn't a FRIVOLOUS case. She had an argument, and a right to sue.
So, SHE lost, but don't impose sanctions on ME for bringing a frivolous suit.
Pretty please?"
That's what all that nonsense is about.
Indeed ... for which reason moderating one's speed, whether on big wheels or little wheels is essential. Some paths in NoVA post MAXIMUM speeds, and frequent signs reminding cyclists to moderate their speed. 'Bladers would be wise to do so as well. Failure to do so will just invite a visit by Prof. Darwin.
I like to go fast. For this reason, I prefer to ride on country roads.
All the more reason to slow down and stay in control. Particularly on rollerblades.
Whose fault is this? Solomon only knows
I disagree. I think this story contains sufficient information to judge this to be the woman's fault ;-P
to brand this woman as a greedy B*tch is simply unfair.
How about a greedy, irresponsible B*tch.
I like to go fast. For this reason, I prefer to ride on country roads.Ditto.
The story isn't exactly crystal clear on what happened. If the kid was riding on the right side of the trail and moving fairly straight, no problem. I have been skating slowly (because I watch out around kids) and all of a sudden the kid turns and blocks the trail while I'm right there. Or, a kid will be off the trail and pull out perpendicular to the trail and stop. There's nothing that I could do but collide with the kid or go off the trail, which sometimes is painful.
The standing object is not always in the right if the object doesn't have the right-of-way.
In many places, bike paths are not for rollerbladers.
The "tottering 7 yr old" at least was on a bike on a bike path.
Besides, suing the kid over it is stupid and way over the top. She shouldn't be such a b*tch.
She is the mystery nun that had the dog.
Couldn't resist, could ya!
I read that fast and I thought it said "Headless Adults + Negligent Adults + Loose Kids = Stupid Accident"!
LOL!
And if he was swerving crazy like and out of control, you would be just like the woman and yell "Get out of my way" and barrel through?
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