Concussion by accidental play

[Zigner]

Thank you all, or mostly all, for your opinions. Everyone has a right to them. I, however, was looking for advice, not opinions, as this is an advice forum. I have retained an attorney at this point and in cases very similar to mine, the judge determined 50% liability for both parties or greater percentage of payment for the defendant including pain and suffering. The ones that shared facts and both sides of the offense/defense...the advice and facts are truly appreciated. For the people with opinions.....ignorance is bliss.

If you have retained in attorney, then why in the heck are you here? Didn't your attorney admonish you to not discuss the matter? S/he should have.

 

[HRZ]

Per the OP, she was not actively supervising the boys either, just was in hearing distance ...hope she is telling her lawyers the straight story and paying him or her well ....

 

[HRZ]

IF Solomon decides it's 50/50 then by what logic should your insurance carrier pay more than 50% , adjusted for your co pays .

 

[Eekamouse]

Thank you all, or mostly all, for your opinions. Everyone has a right to them. I, however, was looking for advice, not opinions, as this is an advice forum. I have retained an attorney at this point and in cases very similar to mine, the judge determined 50% liability for both parties or greater percentage of payment for the defendant including pain and suffering. The ones that shared facts and both sides of the offense/defense...the advice and facts are truly appreciated. For the people with opinions.....ignorance is bliss.

Notice how OP deliberately doesn't answer the question of whether that other parent whose apartment this occurred at was even home when this injury occurred.

 

[Just Blue]

Notice how OP deliberately doesn't answer the question of whether that other parent whose apartment this occurred at was even home when this injury occurred.

In the 1st post she said it was just her and the two boys.

 

[quincy]

I have notes for this thread strewn on my desk and have no time to sort them well right now.

But, for starters, here is a link (probably not the best one) to New York's Menaugh v. Brietman: http://decisions.courts.state.ny.us/fcas/fcas_docs/2010OCT/3001078562009002SCIV.pdf

New York courts have held, and New York jury instructions show, that parental supervision of minors is not the determining factor in negligence claims, especially when the parent/supervisor has not taken an active role in encouraging the child's conduct.

Children's actions are judged by the care they exercised in comparison to what can reasonably be expected of a child of a similar age and capacity.

More later ...

 

[Just Blue]

I have notes for this thread strewn on my desk and have no time to sort them well right now.

But, for starters, here is a link (probably not the best one) to New York's Menaugh v. Brietman[/I]: [URL]http://decisions.courts.state.ny.us/fcas/fcas_docs/2010OCT/3001078562009002SCIV.pdf

New York courts have held, and New York jury instructions show, that parental supervision of minors is not the determining factor in negligence claims, especially when the parent/supervisor has not taken an active role in encouraging the child's conduct.

Children's actions are judged by the care they exercised in comparison to what can reasonably be expected of a child of a similar age and capacity.

More later ...

Quincy...Read the first post carefully.

 

[quincy]

Quincy...Read the first post carefully.

I have read it. What do you want me to see that you think I might have missed?

 

[Just Blue]

I have read it. What do you want me to see that you think I might have missed?

lol...The POV of everyone else??

 

[Just Blue]

She says she heard her son yell TWICE. Why didn't she move then? .

A. Bonbons were just too tasty.

ETA: Yes that is a bitchy comment.

 

[quincy]

lol...The POV of everyone else??

I read the first post and what everyone else has said. I disagree with their assessment.

 

[quincy]

She says she heard her son yell TWICE. Why didn't she move then? Yeah, I could destroy her in court. Plus there is assumption of risk because they were wrestling like they always do.

In New York, assumption of risk is an affirmative defense to a negligence claim but it does not bar the recovery of damages. It can work to reduce damages.

CPLR 1411: https://www.nysenate.gov/legislation/laws/CVP/A14-A

 

[Ohiogal]

In New York, assumption of risk is an affirmative defense to a negligence claim but it does not bar the recovery of damages. It can work to reduce damages.

CPLR 1411: https://www.nysenate.gov/legislation/laws/CVP/A14-A

I don't think she will recover much due to the fact that she was THE ONLY ADULT and she was left in charge of the situation. So is $10 the price of her friendship? If so? Well, that says a heck of a lot about her.

 

[quincy]

I don't think she will recover much due to the fact that she was THE ONLY ADULT and she was left in charge of the situation. So is $10 the price of her friendship? If so? Well, that says a heck of a lot about her.

Medical treatment for the son might be a heck of a lot more than $10.

At any rate, apparently Momof3rt is consulting with a New York attorney. I think that's smart - even if she learns from that attorney that I am wrong in my assessment and everyone else is right. I might not want to hear about it if that is the case, though. Haha.

 

[Ohiogal]

Medical treatment for the son might be a heck of a lot more than $10.

At any rate, apparently Momof3rt is consulting with a New York attorney. I think that's smart - even if she learns from that attorney that I am wrong in my assessment and everyone else is right. I might not want to hear about it if that is the case, though. Haha.

I agree it is smart. And I still love you. Though maybe not -- (Mrs. Quincy scares me completely and if she doesn't want me to love you then I defer). Okay?