Snippet: The ruling by the judge, Justice Paul Wooten of State Supreme Court in Manhattan, did not find that the girl was liable, but merely permitted a lawsuit brought against her, another boy and their parents to move forward.

The suit that Justice Wooten allowed to proceed claims that in April 2009, Juliet Breitman, 4, and Jacob Kohn, 5, were racing their bicycles, under the supervision of their mothers, Dana Breitman and Rachel Kohn, on the sidewalk of a building on East 52nd Street. At some point in the race, they struck an 87-year-old woman named Claire Menagh, who was walking in front of the building and, according to the complaint, was “seriously and severely injured,” suffering a hip fracture that required surgery. She died three months later of unrelated causes.
. . .
The New York Law Journal reported the decision on Thursday.

Mr. Tyrie had also argued that Juliet should not be held liable because her mother was present; Justice Wooten disagreed.

“A parent’s presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street,” the judge wrote. He added that any “reasonably prudent child,” who presumably has been told to look both ways before crossing a street, should know that dashing out without looking is dangerous, with or without a parent there. The crucial factor is whether the parent encourages the risky behavior; if so, the child should not be held accountable.

was “seriously and severely injured,” suffering a hip fracture that required surgery. She died three months later of unrelated causes.

she's dead, case dismissed, move on...

Q - what do you call the guy who finishes last in his law class?

A - Attorney Congressman

Fixed.

Further tweaked.

^^^^^^ voted for Tom Barrett

But what about her estate? They might say that the resulting injuries brought on an earlier demise.

Sueing a child is ridiculous. I do, however, believe in sueing the parents who allowed their kids to engage in reckless behavior on a public sidewalk. Save that kind of activity for your driveway or a park.

But then again, as the woman is dead, I see no case.

Who says the guy I voted for even finished college?? Can't finish last when you don't finish in the first place.

FYI

DPI this is NYC no driveways an who knows about the parks in the 50's. Bryant park is not where I would like to bring an 4 year old to ride a bike.

An article in some editions on Friday about a lawsuit that claims an elderly woman was severely injured by two children racing their bicycles on a Manhattan sidewalk misstated the timing of the woman’s death. The woman, Claire Menagh, died of unrelated causes three months after she was struck, not three weeks.