November 29th, 2010
In April of 2009, Clare Menagh, an elderly woman, was using a walker to help her get around. While Clare was walking on the sidewalk, a four-year-old was riding a bicycle near Clare. A collision took place and Clare broke her hip. Several months later, she died of causes unrelated to the incident. At the time of her death, she was eighty-seven years of age.
Estate Sues Mother And Four-Year-Old
Her estate sued not only the child’s mother, but they also sued the four-year-old. They claimed the child had been riding her bicycle in a negligent manner on the sidewalk.
A motion was made by the defense counsel for the young girl requesting that the case be dismissed against the child. The judge refused to dismiss the case. He cited a case dating back to 1929 that suggested a four-year-old could be held to a standard of reasonable care for a child of that age. Query: what standard of care is a four-year-old capable of meeting?
The child is not yet attending kindergarten, which will happen when she turns five. Legal experts throughout New York are shaking their heads with regard to the absurdity of the court’s ruling. Holding a child of four to a standard of reasonable care is absurd. The lawsuit is now moving forward and we look forward to seeing the final result in this case.
About Our Firm
Our law office has been handling all types of personal injury cases for more than thirty years. We represent individuals involved in car accidents, truck accidents, slip and fall cases and incidents of wrongful death. We also assist clients involving dog bites and cases where they are hit by individuals riding bicycles. Should you, a friend or loved one be injured, please call us. We work on all our personal injury cases on a contingency basis. We receive a percentage of the amount of the judgment received. If the event we are not successful, there are no attorney fees. Disbursements if any are charged at the end of the case. Feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802, or contact us by email.