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Old 11-06-2010, 12:12 AM   #1
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4 year old can be sued

http://www.nytimes.com/2010/10/29/ny...3;29young.html

Quote:
Citing cases dating back as far as 1928, a judge has ruled that a young girl accused of running down an elderly woman while racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence.

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.

Her estate sued the children and their mothers, claiming they had acted negligently during the accident. In a response, Juliet’s lawyer, James P. Tyrie, argued that the girl was not “engaged in an adult activity” at the time of the accident — “She was riding her bicycle with training wheels under the supervision of her mother” — and was too young to be held liable for negligence.

In legal papers, Mr. Tyrie added, “Courts have held that an infant under the age of 4 is conclusively presumed to be incapable of negligence.” (Rachel and Jacob Kohn did not seek to dismiss the case against them.)

But Justice Wooten declined to stretch that rule to children over 4. On Oct. 1, he rejected a motion to dismiss the case because of Juliet’s age, noting that she was three months shy of turning 5 when Ms. Menagh was struck, and thus old enough to be sued.

Mr. Tyrie “correctly notes that infants under the age of 4 are conclusively presumed incapable of negligence,” Justice Wooten wrote in his decision, referring to the 1928 case. “Juliet Breitman, however, was over the age of 4 at the time of the subject incident. For infants above the age of 4, there is no bright-line rule.”

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.

In Ms. Menagh’s case, however, there was nothing to indicate that Juliet’s mother “had any active role in the alleged incident, only that the mother was ‘supervising,’ a term that is too vague to hold meaning here,” he wrote. He concluded that there was no evidence of Juliet’s “lack of intelligence or maturity” or anything to “indicate that another child of similar age and capacity under the circumstances could not have reasonably appreciated the danger of riding a bicycle into an elderly woman.”

Mr. Tyrie, Dana Breitman and Rachel Kohn did not respond to messages seeking comment.

This article has been revised to reflect the following correction:

Correction: October 30, 2010


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.

An earlier version of this article also misstated Jacob Kohn's age.


Correction: November 4, 2010


An article in some editions on Friday about a lawsuit that claims an elderly woman was severely injured by a girl and a boy riding their bicycles on a Manhattan sidewalk misstated the age of one of them at the time of the accident. The boy was 5 — not 4, which was the age of the girl. A correction in this space on Saturday also misstated the boy’s age.
Ok a 4 year old accidentally hit an 87 year old granny and 3 months later she died of unrelated cause.

And then they sued the kid?

WTF?
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Old 11-06-2010, 01:26 AM   #2
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Re: 4 year old can be sued

Quote:
Originally Posted by kluang View Post
http://www.nytimes.com/2010/10/29/ny...3;29young.html



Ok a 4 year old accidentally hit an 87 year old granny and 3 months later she died of unrelated cause.

And then they sued the kid?

WTF?
Unless the 4 year old kid was mini-me, I don't see how they could fuckin sue her. I mean even if it was a 5 year old kid, 5 year olds are still unaware of what's right or wrong. The article clearly said that the old women had died of unrelated causes.
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Old 11-06-2010, 02:03 AM   #3
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Re: 4 year old can be sued

Ridiculous.
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Old 11-06-2010, 02:47 AM   #4
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Re: 4 year old can be sued

LOL, this incident reminded me of an episode of The Simpsons where they started enforcing old laws again to put more people in jail. ''It is breaking the law to walk during the day without wearing a hat''
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Old 11-06-2010, 03:23 AM   #5
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Re: 4 year old can be sued

Too early dude.
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Old 11-07-2010, 11:36 PM   #6
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Re: 4 year old can be sued

Quote:
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
How can you presume a 5 year old or 4 year old that looks both ways before crossing the street undertsand the danger?

Now the question, do they look both ways because they know the danger or they do it because their parents told them to.
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Old 11-08-2010, 12:13 AM   #7
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Re: 4 year old can be sued

The person who sued should be countered sued for being fucking retarded. If I can sue a person at the age of 4, I should be able to sue someone for being a complete idiot.
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Old 11-08-2010, 07:33 AM   #8
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Re: 4 year old can be sued

Shouldn't be an indicative of the absurdity of this case the fact they had to seek references to a case from the 20's? What's next, a bull getting sued based on the Valois trial of 1314?

Toddlers shouldn't be even near juridical decisions, they still don't grasp the full extent of their actions, and trying to blame them is the same as trying to blame a wall: they won't comprehend and it'll probably hurt more the suers than the sued.

Quote:
The person who sued should be countered sued for being fucking retarded. If I can sue a person at the age of 4, I should be able to sue someone for being a complete idiot.
QFT. Stupidity of this caliber should be considered a felony by being hazardous to the society.
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Old 11-08-2010, 07:48 AM   #9
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Re: 4 year old can be sued

Quote:
Originally Posted by Freshgrease View Post
The person who sued should be countered sued for being fucking retarded. If I can sue a person at the age of 4, I should be able to sue someone for being a complete idiot.
Makes sense, both have an about equal understanding of the world.
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Old 11-08-2010, 08:26 AM   #10
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Re: 4 year old can be sued

Here's to you Nicola and Bart
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Old 11-08-2010, 09:14 AM   #11
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Re: 4 year old can be sued

Quote:
Originally Posted by Freshgrease View Post
The person who sued should be countered sued for being fucking retarded. If I can sue a person at the age of 4, I should be able to sue someone for being a complete idiot.
Justice .
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Old 11-08-2010, 11:28 AM   #12
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Re: 4 year old can be sued

Quote:
Originally Posted by Freshgrease View Post
The person who sued should be countered sued for being fucking retarded. If I can sue a person at the age of 4, I should be able to sue someone for being a complete idiot.
They would never allow that, because courts would be overflowed with such cases.
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Quotes for noobs (learn how to break up a quote)
Quote:
Originally Posted by minato uchiha View Post
Ok Stubborn donkey, how do you break it up please and if your not willingly to tell me, then please DONT offer me no advice in future
So you can post the second bit and i shouldnt be allowed to if i dont tell you? Why be so rude?

Anyways, here is a quotes for noobs guide


1. A basic quote

[*QUOTE][*/QUOTE]

(the * need to be removed for it to work, I put them in so you can see the text) is a basic quote that just wraps something in a quote without saying who quoted it who quoted so

[*QUOTE]this is a quote[*/QUOTE] without any * would look like
Quote:
this is a quote

Edit: there is a button for this, it looks like a speech bubble. If you select text and then press the button the selected text will automatically be wrapped with the quote tag


2. A quote that says who said it

[*QUOTE=who said it][*/QUOTE] this adds who said the post, manually putting that there can be useful when quoting something external. Example:

[*QUOTE=Mangastream]Remember all you sexy bastards out there, Naruto, Bleach, OP, FT, etc. all on break this week. Feel free to take your rage out on us[*/QUOTE] without any * would look like
Quote:
Originally Posted by Mangastream
Remember all you sexy bastards out there, Naruto, Bleach, OP, FT, etc. all on break this week. Feel free to take your rage out on us
3. A quote that says who said it and links to the post where it was said

[*QUOTE=who said it;X][*/QUOTE]

Where X is the post number.

For the post that i originally quoted it would look like this

[*QUOTE=minato uchiha;2118164]Ok Stubborn donkey, how do you break it up please and if your not willingly to tell me, then please DONT offer me no advice in future[*/QUOTE]

That is what you get when you press the quote button.

4. Breaking up a quote

Now that you know how quotes work it all boils down to preference, how you want it to look like and how you want to do it.

One way of doing it is copying the latter part of the original quote [*/QUOTE] and then pasting it after each section you break up, write your reply, choose the text you want then paste it after that portion, repeat till you finish the go back and copy then paste the first part of the text at the beginning of each portion of text. Of course you can immediately copy and paste both parts of a poste so that you dont forget one in the end.

The end result would be something like this

[*QUOTE=minato uchiha;2118164]Ok Stubborn donkey,[*/QUOTE]
My reply 1
[*QUOTE=minato uchiha;2118164] how do you break it up please[*/QUOTE]
my reply 2
[*QUOTE=minato uchiha;2118164]and if your not willingly to tell me, [*/QUOTE]
my reply 3
[*QUOTE=minato uchiha;2118164]then please DONT offer me no advice in future[*/QUOTE]
my reply 4



Which without any * would look like

Quote:
Originally Posted by minato uchiha View Post
Ok Stubborn donkey,
My reply 1
Quote:
Originally Posted by minato uchiha View Post
how do you break it up please
my reply 2
Quote:
Originally Posted by minato uchiha View Post
and if your not willingly to tell me,
my reply 3
Quote:
Originally Posted by minato uchiha View Post
then please DONT offer me no advice in future
my reply 4


Another way of doing it would be to cut and paste the second part of the quote tag after the first section of text you want to seperate then write your reply select the second part and hit he quote button (it looks like a text bubble),if you do that without anything else the end result would be

[*QUOTE=minato uchiha;2118164]Ok Stubborn donkey,[*/QUOTE]
My reply 1
[*QUOTE] how do you break it up please[*/QUOTE]
my reply 2
[*QUOTE]and if your not willingly to tell me, [*/QUOTE]
my reply 3
[*QUOTE]then please DONT offer me no advice in future[*/QUOTE]
my reply 4

Which would look like

Quote:
Originally Posted by minato uchiha View Post
Ok Stubborn donkey,
My reply 1
Quote:
how do you break it up please
my reply 2
Quote:
and if your not willingly to tell me,
my reply 3
Quote:
then please DONT offer me no advice in future
my reply 4

To make it like the previous example (which wpuld be preferred, though not necessary ) copy the part that says who posted with the link to the post and paste it accordingly to the proper part in each first half of each quote tag. In my I would copy =minato uchiha;2118164 and paste it where the # is
[*QUOTE#] to get [*QUOTE=minato uchiha;2118164] (of course with the * removed)


Of course you can use any other method you like to get to the end result, but now that you know what the end rwsult looks like I think there shouldnt be any problems
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Old 11-08-2010, 11:43 AM   #13
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Re: 4 year old can be sued

Quote:
Originally Posted by stubborn_d0nkey View Post
They would never allow that, because courts would be overflowed with such cases.
So they allowed a case that sounds like a 4-year-old who doenst understand why they should eat green beans, but they should understand personal liability law?
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Old 11-08-2010, 02:28 PM   #14
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Re: 4 year old can be sued

Quote:
Originally Posted by kluang View Post
So they allowed a case that sounds like a 4-year-old who doenst understand why they should eat green beans, but they should understand personal liability law?
That is irrelevant to what I said.
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Quotes for noobs (learn how to break up a quote)
Quote:
Originally Posted by minato uchiha View Post
Ok Stubborn donkey, how do you break it up please and if your not willingly to tell me, then please DONT offer me no advice in future
So you can post the second bit and i shouldnt be allowed to if i dont tell you? Why be so rude?

Anyways, here is a quotes for noobs guide


1. A basic quote

[*QUOTE][*/QUOTE]

(the * need to be removed for it to work, I put them in so you can see the text) is a basic quote that just wraps something in a quote without saying who quoted it who quoted so

[*QUOTE]this is a quote[*/QUOTE] without any * would look like
Quote:
this is a quote

Edit: there is a button for this, it looks like a speech bubble. If you select text and then press the button the selected text will automatically be wrapped with the quote tag


2. A quote that says who said it

[*QUOTE=who said it][*/QUOTE] this adds who said the post, manually putting that there can be useful when quoting something external. Example:

[*QUOTE=Mangastream]Remember all you sexy bastards out there, Naruto, Bleach, OP, FT, etc. all on break this week. Feel free to take your rage out on us[*/QUOTE] without any * would look like
Quote:
Originally Posted by Mangastream
Remember all you sexy bastards out there, Naruto, Bleach, OP, FT, etc. all on break this week. Feel free to take your rage out on us
3. A quote that says who said it and links to the post where it was said

[*QUOTE=who said it;X][*/QUOTE]

Where X is the post number.

For the post that i originally quoted it would look like this

[*QUOTE=minato uchiha;2118164]Ok Stubborn donkey, how do you break it up please and if your not willingly to tell me, then please DONT offer me no advice in future[*/QUOTE]

That is what you get when you press the quote button.

4. Breaking up a quote

Now that you know how quotes work it all boils down to preference, how you want it to look like and how you want to do it.

One way of doing it is copying the latter part of the original quote [*/QUOTE] and then pasting it after each section you break up, write your reply, choose the text you want then paste it after that portion, repeat till you finish the go back and copy then paste the first part of the text at the beginning of each portion of text. Of course you can immediately copy and paste both parts of a poste so that you dont forget one in the end.

The end result would be something like this

[*QUOTE=minato uchiha;2118164]Ok Stubborn donkey,[*/QUOTE]
My reply 1
[*QUOTE=minato uchiha;2118164] how do you break it up please[*/QUOTE]
my reply 2
[*QUOTE=minato uchiha;2118164]and if your not willingly to tell me, [*/QUOTE]
my reply 3
[*QUOTE=minato uchiha;2118164]then please DONT offer me no advice in future[*/QUOTE]
my reply 4



Which without any * would look like

Quote:
Originally Posted by minato uchiha View Post
Ok Stubborn donkey,
My reply 1
Quote:
Originally Posted by minato uchiha View Post
how do you break it up please
my reply 2
Quote:
Originally Posted by minato uchiha View Post
and if your not willingly to tell me,
my reply 3
Quote:
Originally Posted by minato uchiha View Post
then please DONT offer me no advice in future
my reply 4


Another way of doing it would be to cut and paste the second part of the quote tag after the first section of text you want to seperate then write your reply select the second part and hit he quote button (it looks like a text bubble),if you do that without anything else the end result would be

[*QUOTE=minato uchiha;2118164]Ok Stubborn donkey,[*/QUOTE]
My reply 1
[*QUOTE] how do you break it up please[*/QUOTE]
my reply 2
[*QUOTE]and if your not willingly to tell me, [*/QUOTE]
my reply 3
[*QUOTE]then please DONT offer me no advice in future[*/QUOTE]
my reply 4

Which would look like

Quote:
Originally Posted by minato uchiha View Post
Ok Stubborn donkey,
My reply 1
Quote:
how do you break it up please
my reply 2
Quote:
and if your not willingly to tell me,
my reply 3
Quote:
then please DONT offer me no advice in future
my reply 4

To make it like the previous example (which wpuld be preferred, though not necessary ) copy the part that says who posted with the link to the post and paste it accordingly to the proper part in each first half of each quote tag. In my I would copy =minato uchiha;2118164 and paste it where the # is
[*QUOTE#] to get [*QUOTE=minato uchiha;2118164] (of course with the * removed)


Of course you can use any other method you like to get to the end result, but now that you know what the end rwsult looks like I think there shouldnt be any problems
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Old 11-08-2010, 02:51 PM   #15
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Re: 4 year old can be sued

You can try to sue pretty much anyone for pretty much anything. You just won't win.
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