Friday, October 29, 2010

Total Shock!!!

Earlier today I was checking my email at yahoo.com and they always have these little news/interest articles on the homepage. Normally i just look for the entertainment ones but i saw this headline and just had to read the article. I could not believe my eyes. Here is the article...its about a four year old who is being sued!!! and no its not a joke!
the link is http://www.nytimes.com/2010/10/29/nyregion/29young.html?_r=1&no_interstitial but i copy and pasted the article below so you can just read...

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 and Jacob Kohn, who were both 4, 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 4-year-olds 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.


I am just in total disbelief! What has this world come to?! The girl was four years old and riding her bike. It is not like she intentionally ran the woman down. And the woman's death was unrelated. What kind of person would take their anger out on a little 4 year old girl? What kind of lawyer would take this case and what kindof judge would allow this?! Saying she should have known better? She is four!!!! Negligence?! Really? It would be one thing if they were sueing the mother but the preschooler? What are your thoughts?

Wednesday, October 27, 2010

Confessionssssssss

I've got more confessions for you :) They are fun, I like thinking of them

1. I am currently wearing a bacon costume :)
2. I do my best thinking in the shower.
3. I get really excited everytime i get mail.
4. I am extremely passive aggressive.
5. I talk to my self all the time.
6. I take two Disney Princess gummy vitamins every night, they taste sooo good too!
7. My bedroom is ALWAYS a mess, its mostly just clothes, i have a hamper but i tend to just use the floor.

Thursday, October 21, 2010

I"m Engaged

Some of you might already know this but i thought i would make a real post about it. Patrick asked me to marry him. He has asked several times before but this time he had the ring to back it up so I said yes. haha. I was so excited!!! he isnt a big romantic so there isnt a real story to tell. It was just me and him in his bed room. We we talking then he just asked. But as unromantic as it was it was still perfect. If he had tried make it over the top and mushy and romantic then it wouldnt be him. I wouldnt be able to take that seriously. This was just right.
I was terrified to tell my family. Its not really a secret that they werent the biggest fans of our relationship, but it went over well. Telling his mom was the fun part. I have neve seen her more happy. She even started crying.



Planning has been fun. I have decided that i want my color to be dark purple, like plum or eggplant. Then my flowers pinks purples and oranges kinda like these



And we decided the date will be September 10, 2011. We wanted September so that we could save up money. When i saw 9-10-11 i thought it was perfect...i know i am a dork but he loves me anyway :)

I Confess

I know a few people who write a few confessions once a week and I have enjoyed reading them so I decided that I will start as well.

1.I once slept with my light on for a week after I saw a spider in my room.
2.I have spent over $160 at CVS this month…my job is dangerous
3.I often don’t remember to plan my lesson for Primary until 10pm Saturday night
4.I spend way too much time on facebook
5.I bought my wedding invitations 8 months before I was engaged
6.I always have my cell phone near me even though I rarely get phone calls or texts
7.I have a hard time standing up for myself and I speaking my mind
8.I only make my bed once every other week when I wash my sheets

Saturday, October 2, 2010

Sweat it Out

I have another grandma story. She has her thermostat set at 78. I hav trouble sleeping in a room that warm. She also has an alarm so no doors or windows can be open while it is on. I have had a really hard time sleeping and not been able to have the window on. i have a small fan that i tried to use one night but it was so loud i still couldn't seep.
One day this week, i spent a long time messing with the window i my room so i cold open it a small crack and still be able to set the alarm. When i got home that night, grandma had gone in my room and shut the window, so much for that. After 3 days of no sleep i decided to just leave my window all the way open and just not set th alarm. Then at 5 oclock in the morning. Grandma came in my room and turned on my light and told me that the alarm wasn't set. When she saw i was in bed she asked, in a surprised voice, "oh, did i wake you?" really?! So i have given up on the sleeping front. No matter what i do, she somehow finds a way to keep me awake