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.
“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,”
Reasonably prudent 4 year old? Where did this guy get his law degree? And who sues a 4 year old? Are they going to garnish their lunch money? What the fuck?
Actually, blame Paterson. He’s the one who appointed Wooten in 2008. Also blame affirmative action because looking at this guy’s resume it’s pretty clear his biggest “qualification” that Pattrson looked at was skin color. Wooten owned a law firm since 1990 (aka, probably hasn’t even be inside a courtroom in a decade) and Black and has been counsel to the state Puerto Rican Legislative Caucus. That’s his resume.
if the parent actively got the kids to race bikes on a sidewalk then I can see a claim because it was a poor choice on the parents parts causing an accident that could have been avoided if they had ridden slowly and then raced at the local park or some more appropriate place…
…so in other words: street-racing kills, take it to the track