Jump to content
The Official Site of the Vancouver Canucks
Canucks Community

Aunt loses lawsuit over 12-year-old nephew's hug


DonLever

Recommended Posts

from the BBC:

A jury has ruled against a woman who sued her 12-year-old nephew for a hug that caused her to break her wrist.

Four years ago, Jennifer Connell attended her then-eight-year-old nephew's birthday party at his home in Westport, Connecticut.

Birthday boy Sean Tarala leaped into his aunt's arms and they fell to the ground, causing her an injury that she said still plagued her.

But the jury at Bridgeport's Superior Court ruled in favour of the boy.

Recalling the fall, Ms Connell said: "I had to catch him and we tumbled onto the ground."

"I remember him shouting, 'Auntie Jen, I love you,' and there he was flying at me."

Ms Connell, 54, told the courtroom that she broke her wrist and has struggled ever since with the injury.

She was asking for $127,000 (£83,000) in damages, despite the fact that she described her nephew as "very loving, sensitive".

The local paper said Tarala was in court with his father looking "confused".

Michael Green, a professor at Lake Forest School of Law, says that suing a child is perfectly legal.

"You can sue anybody," he says.

The lawsuit asked the jury to find that Tarala acted "unreasonably" for an eight-year-old when he jumped into Connell's arms, says Nora Freeman Engstrom, a professor at Stanford Law School.

"It's much harder to prove the negligence of a child, so these suits face an uphill road. While adults are negligent if they fail to display reasonable care under the circumstances, children are held to a relaxed standard," Ms Engstrom told the BBC.

"The general rule is: As long as a child is not engaged in an adult activity (and hugging certainly does not qualify), a child must only exercise the care that a reasonable child of the child's actual age, intelligence, and experience would exercise."

Ms Connell told the jurors that living on the third-floor of an apartment building in Manhattan had aggravated her injury, and that recently "it was difficult to hold my hors d'oeuvre plate" at a party.

The jury had little sympathy. They returned from deliberation in just 20 minutes with a verdict in favour of Tarala, and awarded Ms Connell nothing.

"We just couldn't find him, you know, liable for what happened," a juror told The New York Post.

Link to comment
Share on other sites

Just like a guy that sued for 67 million because his suit was ruined by dry cleaner.

Simple solution, those that file frivolous suits, once they lose should pay legal fees for all parties involved plus court fees and penalty.

Also eliminate "if you don't win you don't pay the lawyer" and cap those monetary awards like Florida has done.

Link to comment
Share on other sites

Saw this article on the news feed earlier. What a shame. Her sister (kids mom) died and the husband and kid got insurance money so this witch decides to sue the kid right after he lost his mother. She didn't sue after she got injured, I think it was a cpl years later when the mother of the boy died and he got insurance money....

Link to comment
Share on other sites

Just like a guy that sued for 67 million because his suit was ruined by dry cleaner.

Simple solution, those that file frivolous suits, once they lose should pay legal fees for all parties involved plus court fees and penalty.

Also eliminate "if you don't win you don't pay the lawyer" and cap those monetary awards like Florida has done.

um, when you sue frivolously and lose you pay court costs and opposing legal bills. its the first thing the kid's lawyer would ask for.

Link to comment
Share on other sites

I saw this story earlier and I couldn't believe there was someone stupid enough to try to sue their nephew over this..

my God if she won I would just be thinking of how much I could get from my kids for for all the crap they do to me that causes harm... Or emotional stress. My kids would be broke.... forever in my dept.
Link to comment
Share on other sites

Saw this earlier...what a joke...hard time believing its real..especially this line.."it was difficult to hold my hors d'oeuvre plate" at a party.

This is the definition is a first world problem. If you were to make up a stock statement to make fun of rich people whining about petty things, this would be it.

Link to comment
Share on other sites

There is always two sides to the story and here is the aunt's reason for suing:

HARTFORD, Conn. (CBSNewYork/AP) — Lawyers for a New York City woman who unsuccessfully sued her nephew for injuries sustained after a lively greeting at his birthday party four years ago say she was forced to go to court by Connecticut law and was “never looking for money” from him.

Jennifer Connell’s $127,000 lawsuit against 12-year-old Sean Tarala was rejected by a jury Tuesday. Connell said she broke her wrist when Tarala, then 8, jumped into her arms, causing her to fall.

“I remember him shouting, ‘Auntie Jen I love you,’ and there he was flying at me,” she said. “All of a sudden, he was there in the air. I had to catch him, and we tumbled to the ground.”

Connell’s law firm, Conneticut-based Jainchill & Beckert, said Tarala’s parents’ insurance company offered her $1 and Connell had no choice but to sue to help pay for medical expenses.

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

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...