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New York Judge Institutes Child Sex For Adults

Posted 1 Nov 2010 at 18:47 PM by spanner

4-Year-Old Can Be Sued: NY Judge Lets Lawsuit for Mowing Down Granny Go Forward

New York State Supreme Court Justice, Paul Wooten, Makes Move To Count Children As Adult For Relationships Later?
November 01, 2010

In New York, a 4-year-old child can be sued for negligence. This is the ruling set forth by a judge, who cited several cases back nearly 100 years. The 4-year-old is being accused of mowing down an elderly woman while racing bicycles on a Manhattan sidewalk. The ruling is that she can be sued for negligence for the event that took place two years ago. State Supreme Court Justice, Paul Wooten, didn't actually rule that the girl was negligent, but is allowing the lawsuit against the girl and another boy to move forward. The suit claims that back in April of 2009, the kids were racing their bicycles, under the supervision of their mothers. The two were riding their bicycles on the sidewalk and at some point the struck an 87-year-old woman, in front of her building on East 52nd street in Manhattan. According to the complaint that has been filed, the bike crash left Clair Menagh (the elderly woman, “seriously and severely injured.” Menagh suffered a hip fracture that required surgery. Ms. Menagh died three months later of unrelated causes. Soon after her death, the estate sued the mothers and two kids, saying that they had been negligent in the accident. The question is, how young is too young to be held negligent in a situation like this? This may be a dangerous precedent. The next thing you know, the 4-year-old will be prosecuted for running down the woman on the street. If the old lady had died because of the hip injury, are we now going to slap a manslaughter charge on a kid not yet old enough to go to kindergarten? Add to this the posthumous lawsuit set forth by the estate. The estate is now coming after a little kid on training wheels. Some may see this lawsuit as completely frivolous. Nothing against the Menagh family, but really? What if this accident had happened differently? What if Menagh had stepped out in front of the child, causing her to fall off her bike, hit her head, and have a concussion? The judge however says that there is no evidence of the child’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.” In plain English... a four-year-old should know better. This should stand as a warning to all parents, that a judge has ruled this child in the same category as that of an adult, this has far reaching sexual implications as well as monetary awards across the nation and the world, this judge should be investigated for child sexual abuse and be put in restraints. To assign damages due for parents is one thing, to hold a child responsibile is quite another. This could open up a flood of lawsuits and further the actions in the court by NAMBLA, and other child rapists/molesters in the world including that of the Childs Rights in the EU and United Nations, long awaiting the right to have sexual relations with children. An entire religion is built upon sex with children. tmc.


New York Judge rules 6-year-old can be sued (6 year old?)

It is ok to name minors being sued in the newspapers now, irregardless, if it will ruin their future? Future for Daycares at stake?

Nov 1, 2010 1:21 pm ET

NEW YORK (Reuters) – A girl can be sued over accusations she ran over an elderly woman with her training bicycle when she was 4 years old, a New York Supreme Court justice has ruled. The ruling by King's County Supreme Court Justice Paul Wooten stems from an incident in April 2009 when Juliet Breitman and Jacob Kohn, both aged four, struck an 87-year-old pedestrian, Claire Menagh, with their training bikes. Menagh underwent surgery for a fractured hip and died three months later. In a ruling made public late Thursday, the judge dismissed arguments by Breitman's lawyer that the case should be dismissed because of her young age. He ruled that she is old enough to be sued and the case can proceed. The decision also will allow for the lawsuit to proceed against the Kohn family for the incident. "For infants above the age of 4, there is no bright-line rule," Wooten wrote, adding that the girl had been three months shy of turning 5. Wooten also disagreed with the lawyer's assertion that Juliet Breitman should not be held responsible because her mother was supervising the children at the time. "A parent's presence alone does not give a reasonable child carte blanche to engage in risky behavior such as running across a street," Wooten wrote. He added that "the term 'supervising' is too vague to hold meaning here." Wooten concluded by writing that there was no indication or evidence 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."

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