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Child of FOUR years old , can be sued !

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Re: Child of FOUR years old , can be sued !

Postby Texpat » November 1, 2010, 6:38 pm

lmao.

A four-year old girl on a bicycle with training wheels (did you read the story?) shouldn't (race?) her bicycle (technically a quad) on a sidewalk? Yes, much better she be out in the streets of Manhattan. Can someone tell old ladies not to cross the street -- there are crazed four-year-olds racing around out there.
Image
Too funny.
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Re: Child of FOUR years old , can be sued !

Postby Banjo » November 1, 2010, 7:30 pm

It is commonplace for opinionated soothsayers to announce judicial outcomes based on unfounded assumptions. The legal process is based on proof of evidence, not on hearsay, innuendo, gossip, rumour or media reports. As such, the general public are not privy to such evidence that will be presented in this Matter until after a decision has been ruled. I would envisage that there is mitigating evidence in this Matter that we are currently unaware of. There has been no mention of Duty of Care of or behalf of the deceased elderly woman, her physical or mental health at the time of the incident and no Witness Statements. Trial by media is often misguided in contentious Matters and the general public are customarily quick to leap to conclusions.

This being a Civil Matter in the USA, possibly instigated through the need of an insurance claim, is likely to be a Matter that will apportion culpability amongst the Plaintiff(s) and Defendant(s). It is not unusual for a decision to be ruled in this manner. I doubt that the young girl will be found fully culpable and it is absolutely ridiculous to suggest that she should be punished. It never ceases to amaze me the number of people who are tunnel focused and narrow minded ... it certainly takes all types to make a world!

It is an unfortunate incident that has resulted in injuries to an elderly woman of 87 years of age and culminating in her death some 3 months later. One would hope that this Matter is resolved in a timely manner, though I fear that may not be the case given its widespread international media coverage and slow legal process in the USA. Mediation between the parties may be a way to resolve the Matter expeditiously and certainly less costly.

Let's hope the US Judiciary do their job well in this regrettable misadventure.
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Re: Child of FOUR years old , can be sued !

Postby Frans » November 2, 2010, 3:57 am

Hallo Texpat.

I,m not so good in English, but the words "unrelated causes" means the old lady is dead not from the accident by itself, but by a other reason?

So why are the family members from the old lady, bringing the child and the parenths to court, and is the juge accepting the case?

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Re: Child of FOUR years old , can be sued !

Postby nkstan » November 2, 2010, 7:44 am

I am amazed at some of the responses!

Although Jeremy is asking about whether a 4 yr.old should be punished and what punishment would be appropiate,if any,most seem to be focused on whether or not the judge should have ruled the way he did!!

Since the incident was supervised by the attending parents,the child would be totally ignorant of the right or wrong of his actions!Why would any ''negative'' actions be taken against child?If anything ,the child should be consoled by the parents as they explain that they made a mistake,not the child!

As far as the judges ruling,allowing the suit to go forward,he is right,following the precedents already in place!It is not his job to change laws that are on the books,whether he agrees or not.We have higher courts that have that job! =D>
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Re: Child of FOUR years old , can be sued !

Postby 21again » November 2, 2010, 10:22 am

nkstan,
Very good post, explains everthing. =D> =D> =D>
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Re: Child of FOUR years old , can be sued !

Postby rickfarang » November 5, 2010, 12:54 am

my topic question is to you readers , what would YOU do to these kids
Life sentence without parole (I don't think the death penalty is a particularly effective deterrent for four-year olds).


would you haul them through the courts ?
No, I would keel haul them.

would you beat the living daylights out of them?
That's a good start.

would you lock them in a small cupboard under the stairs as punishment ?
No, I would send them to the Big House.

what is a fair punishment to 4 year old for manslaughter by bicycle ?
Life.

This is a truly sad affair with no winners. Even if they children are let off without any punishment, the guilt of their carefree youthful actions will haunt them the rest of their lives. Very sad for all concerned. The only question I have is: Who initiated the lawsuit in the first place, and what was his motivation?
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Re: Child of FOUR years old , can be sued !

Postby nkstan » November 5, 2010, 6:17 am

RF,my question to you is:Punish the 4 yr.child ,for what,to gain what?

I would imagine the family that bore the hospital costs are looking to get paid back from the responsible party,the ''supervising parents'' of the child!
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