Woman sues 8 yr old for aggressive hug

[rebeccainak]

http://jezebel.com/woman-sues-12-year-old-nephew-for-127k-because-his-agg-1736236681

 

[quincy]

The woman who sued her nephew was awarded $0 in the hearing today.

 

[LdiJ]

The woman who sued her nephew was awarded $0 in the hearing today.

Good. That is exactly what she deserved.

 

[adjusterjack]

The woman who sued her nephew was awarded $0 in the hearing today.

It would be interesting to read the decision but my guess is that the court ruled that the child of 8 was not capable of assessing the potential risk of injury that could arise out of hugging an adult relative and therefore could not be negligent.

Without negligence the plaintiff gets nothing.

Which means that the lawyer who was scummy enough to take the case also got nothing unless she paid fees.

And if she paid fees of many thousands and lost, then she is doubly "blessed."

Might explain the look on her face in this article:

http://nypost.com/2015/10/13/aunt-loses-lawsuit-against-8-year-old-nephew-who-jumped-into-her-arms/

 

[quincy]

... Without negligence the plaintiff gets nothing ...

After deliberating for about 20 minutes, the jury came to the unanimous decision that there was no negligence on the part of the boy.

 

[justalayman]

In the first link in the comments section there was a person speculating that to invoke the homeowners insurance beyond the basic medical liability the boy would have to be found negligent. The poster was stating their belief it was not meant as vindictive but merely a means to obtain money from the insurance company. It thought it sounded reasonable, until I read this in adjusterjack's link:

At the trial Friday, Connell said that even though Sean was indeed a “very loving, sensitive” boy, he still needed to be punished for what he did four years ago.

after reading that I lost all hope that she was not a conniving b....well, I don't want to be edited for posting improper language. Seriously, punish the boy for being overly exuberant and was simply showing his aunt how excited he was he got to see his aunt?

The worst part is it cost the child's father a good chunk of change to defend the suit.

 

[adjusterjack]

I lost all hope that she was not a conniving b....well, I don't want to be edited for posting improper language.

We all know what the b.... stands for. I wanted to use the same word myself, certainly thought it.

The worst part is it cost the child's father a good chunk of change to defend the suit.

More than likely it was his homeowners insurance for the date of the incident that provided the defense attorney at no cost to the family.

 

[not2cleverRed]

Yah know, when I was 9 I managed to break my grandmother's rib(s?) giving her a hug. Granted, she also had bone density issues...

Not only did she not sue me, but she didn't even comment about it - and my parents never even told me about it until I was an adult, years after she died.

*Sigh* This woman must have a very miserable life.

 

[I'mTheFather]

She's the adult. She should have stepped aside when her nephew lunged at her if it was clear an injury would result.

Yes, she's a b....

Can we not say bitch? Female dog and all?

 

[Silverplum]

There's always more to the story: http://www.msn.com/en-us/news/us/attorneys-law-forced-woman-to-sue-nephew-over-medical-bills/ar-AAfrCre?ocid=spartanntp

"Lawyers for a New York City woman who sued her 12-year-old nephew for injuring her while excitedly greeting her say Connecticut law forced her to go to court over her medical bills.

A jury on Tuesday rejected Jennifer Connell's lawsuit seeking $127,000. She says she broke her wrist when the Westport, Connecticut, boy jumped into her arms at his eighth-birthday party, causing her to fall.

Connell's law firm says her nephew's parents' insurance company offered her $1 and she had no choice but to sue to pay medical bills. They say she was never looking for money from him.

Peter Kochenburger is an insurance law specialist at the University of Connecticut School of Law. He says state law typically requires those claiming injury to sue the individual responsible."

 

[justalayman]

That is what I was speaking of before and it would be fine if that was all there was but the statement that the boy needed to be punished removed it from it being only about the money.

 

[Proserpina]

I'm rendered just about speechless.

 

[Silverplum]

I'm rendered just about speechless.

At the legal situation? The aunt's unpleasant words? That TheFather wants to take up swearing?

 

[Proserpina]

At the legal situation? The aunt's unpleasant words? That TheFather wants to take up swearing?

Yes.

(I knew a family, eons ago here in Colorado, who had to sue their own child for an auto accident in which their other child was severely injured and in a coma. The insurance company forced them to sue in order to get money for the coma child's care. )

I can see the logic in that situation though. It's not nice, by any means, but I can see it from at least the insurance company's point of view. Doesn't make it any less tragic

Y'know, the more I think about it the more I'm wondering if this was actually cooked up to get money out of someone other than the child and the child's family even with JAL's additional comments ; I have to wonder if her remarks have been very carefully written and directed by Someone Else in order for her story to "stick".

 

[davew128]

She's the adult. She should have stepped aside when her nephew lunged at her if it was clear an injury would result.

Because being rude and insensitive wouldn't come across as being a B? She probably didn't expect the kid to jump into her arms. I can totally see this causing an injury to a woman of that age and given that there were $127k of unpaid medical bills, her only other option might be to file bankruptcy.

I guess I'm a little more sympathetic when you get down to it.