carefree days of childhood. Filled with such incredible memories of
learning to swim, riding our bikes and of course, the abundance of
life's lessons most of us learned during that first decade of life.
Justice Paul Wooten, a Manhattan judge, announced yesterday in a rather
stunning decision, that a four year old girl may be sued for negligence
in the injury and ultimate death of an 87 year old woman. It's tragic,
no doubt; but negligent? A four year old? Seriously? Turns out, His
Honor absolutely believes the little girl can be sued because there was
''no evidence that the girl lacked intelligence, maturity and nothing 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''. But wait. There's more. The
mother, who was with her daughter when the accident occurred, should
not be held liable and the ruling stated further, ''a parent's presence
alone does not give a reasonable carte blanche to engage in risky
behavior such as running across a street''.
This, of course, begs the question, what about the parents who are held
liable when their teens wreck the family car, break into the neighbor's
home, get locked up for loitering and the twelve million other brouhahas
teens find themselves in? Don't we, as Americans, hold parents
accountable?
The judge ruled that there was no evidence to believe she (the four year
old) lacked maturity and intelligence. This absolutely baffles the
mind. Two questions would have provided all the evidence the judge
could have possibly needed. Ask this child to define ''intelligence''.
Question two, ask her if she does her own laundry and vacuums her own
bedroom. Those two questions would reveal that this child has neither
maturity or intelligence. She's not supposed to! It's likely she only
has been sleeping in a ''big girl bed'' and has probably just learned
her alphabet. As she grows, she likely will continue to develop and
mature, but she is a toddler. For an esteemed judge to make such a
disturbing ruling would be laughable were it not such a slap in the face
to the American justice system.
It's tragic the elderly woman passed away three weeks after the little
girl ran into her with her bicycle. Her family sued, which is what this
week's hearing focused on.
Bottom line is the judge made a bad call and his decision will have
repercussions for many years. A golden opportunity was missed that
could have taught this child a lesson and that accidents indeed happen.
This child must now shoulder not only the guilt she will likely feel
about the death of the woman (It's not been determined if hers and the
little's girls run in was related to her death), but now, she'll be
stuck with the label of likely being the youngest American deemed mature
enough to sue. What's next? The neighbor suing when little Billy
picks flowers from her flower bed to present to his mother?
The case, now allowed to move forward, will likely be heard in early 2011.
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