totallygeeked -> totallygeeked general -> New York aunt sues nephew, 12, who broke her wrist at his eighth birthday party - because she can no longer hold a plate
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TOPIC: New York aunt sues nephew, 12, who broke her wrist at his eighth birthday party - because she can no longer hold a plate
A New York woman is suing her 12-year-old nephew who accidentally broke her wrist while greeting her at his eighth birthday party.
Jennifer Connell is seeking $127,000 from Sean Tarala of Westport, Connecticut, after the youngster jumped into her arms whens she arrived at his party on March 18, 2011.
Connell - a 54-year-old human resources manager - described her nephew in court as 'very loving' and 'sensitive' towards her, but told Judge Edward Stodolink that the youngster should be held accountable for his behavior.
According to the Connecticut Post, Sean looked 'confused' as he sat in the Superior Court in Bridgeport alongside his father Michael.
The boy's mother, Lisa, died last year.
The court heard that Sean had just received a red bicycle for his birthday and was riding it when Connell arrived at the home in Westport.
According to her testimony, Connell claimed that Sean got excited when he saw her and shouted: '"Auntie Jen, Auntie Jen". All of a sudden he was there in the air, I had to catch him and we tumbled on to the ground, I remember him shouting, "Auntie Jen I love you," and there he was flying at me.
Connell told the court that she realized she had been injured but did not want to raise the matter at the time because she did not want to ruin his birthday celebration.
However, she said the injury had had a massive impact on her life.
She said: 'I live in Manhattan in a third-floor walk-up so it has been very difficult. And we all know how crowded it is in Manhattan. I was at a party recently, and it was difficult to hold my hors d’oeuvre plate.'
According to court documents: 'The injuries, losses and harms to the plaintiff were caused by the negligence and carelessness of the minor defendant in that a reasonable eight year old under those circumstances would know or should have known that a forceful greeting such as the one delivered by the defendant to the plaintiff could cause the harms and losses suffered by the plaintiff.'
Read more: http://www.dailymail.co.uk/news/article-3270400/I-love-owe-127-000-New-York-aunt-sues-nephew-12-broke-wrist-greeting-eighth-birthday-party.html#ixzz3oT6gP9o0 Follow us: @MailOnline on Twitter | DailyMail on Facebook
Wow she just lost more then her sister by this low lawsuit. She lost any relationship she could have had with her nephew. She waited 4 years to sue the child? His mother died a year earlier, I wonder if the aunt is after the life insurance policy the young man may have inherited on his mothers death. She is scum. I hope the judge and jury can see this is a money grabber who thinks she is entitled.
Wow she just lost more then her sister by this low lawsuit. She lost any relationship she could have had with her nephew. She waited 4 years to sue the child? His mother died a year earlier, I wonder if the aunt is after the life insurance policy the young man may have inherited on his mothers death. She is scum. I hope the judge and jury can see this is a money grabber who thinks she is entitled.
I'm thinking either she's going after the homeowner's insurance and it's a "friendly" lawsuit, or he inherited money when mom died and aunt is a money-grubbing ho.
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LawyerLady
I can explain it to you, but I can't understand it for you.
I'm thinking either she's going after the homeowner's insurance and it's a "friendly" lawsuit, or he inherited money when mom died and aunt is a money-grubbing ho.
Jury: Boy not liable for exuberant hello that injured aunt
BRIDGEPORT, Conn. (AP) — A Connecticut jury on Tuesday rejected a woman's bid to sue her 12-year-old nephew for injuries she says she suffered from his exuberant greeting at his birthday party four years ago.
New York City resident Jennifer Connell claimed the Westport boy acted unreasonably when he jumped into her arms at his 8th-birthday party, causing her to fall and break her wrist. She sued in Bridgeport Superior Court for $127,000.
The Connecticut Post reports (http://bit.ly/1PrB8eR ) that the six-member jury found that the boy was not liable. The newspaper reported that she ignored shouted requests for comment as she passed reporters outside the courthouse.
Connell, a 54-year-old human resources manager, had testified that she loves her nephew but thinks he should be held accountable. She said when the child jumped she tumbled to the ground as she tried to catch him.
"I remember him shouting, 'Auntie Jen I love you,' and there he was flying at me," she testified.
Connell argued that her injuries severely disrupted her life in Manhattan. She told jurors last week that she was at a party recently, and "it was difficult to hold my hors d'oeuvre plate," the Post reported.
Her lawsuit said: "The injuries, losses and harms to the plaintiff were caused by the negligence and carelessness of the minor defendant in that a reasonable 8-year-old under those circumstances would know or should have known that a forceful greeting such as the one delivered by the defendant to the plaintiff could cause the harms and losses suffered by the plaintiff."
The boy, the only defendant, appeared in court with his father, Michael Tarala. A listed phone number couldn't be found for Tarala. The boy's mother died last year.
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Information from: Connecticut Post, http://www.connpost.com
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The Principle of Least Interest: He who cares least about a relationship, controls it.
Jury: Boy not liable for exuberant hello that injured aunt
BRIDGEPORT, Conn. (AP) — A Connecticut jury on Tuesday rejected a woman's bid to sue her 12-year-old nephew for injuries she says she suffered from his exuberant greeting at his birthday party four years ago.
New York City resident Jennifer Connell claimed the Westport boy acted unreasonably when he jumped into her arms at his 8th-birthday party, causing her to fall and break her wrist. She sued in Bridgeport Superior Court for $127,000.
The Connecticut Post reports (http://bit.ly/1PrB8eR ) that the six-member jury found that the boy was not liable. The newspaper reported that she ignored shouted requests for comment as she passed reporters outside the courthouse.
Connell, a 54-year-old human resources manager, had testified that she loves her nephew but thinks he should be held accountable. She said when the child jumped she tumbled to the ground as she tried to catch him.
"I remember him shouting, 'Auntie Jen I love you,' and there he was flying at me," she testified.
Connell argued that her injuries severely disrupted her life in Manhattan. She told jurors last week that she was at a party recently, and "it was difficult to hold my hors d'oeuvre plate," the Post reported.
Her lawsuit said: "The injuries, losses and harms to the plaintiff were caused by the negligence and carelessness of the minor defendant in that a reasonable 8-year-old under those circumstances would know or should have known that a forceful greeting such as the one delivered by the defendant to the plaintiff could cause the harms and losses suffered by the plaintiff."
The boy, the only defendant, appeared in court with his father, Michael Tarala. A listed phone number couldn't be found for Tarala. The boy's mother died last year.
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Information from: Connecticut Post, http://www.connpost.com
She might have been thinking that the damage and her disability from it would clear up. And it didn't.
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The Principle of Least Interest: He who cares least about a relationship, controls it.
Well if you became disabled due to whatever, you need money to live on. SSI doesn't pay the mortgage. It was probably a friendly law suit as LL suggested.
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Sometimes you're the windshield, and sometimes you're the bug.
Home insurance will pay out. Liability coverage on the home. What a turd.
This. Homeowners should pay for the injury and lost time. And as someone said if her wrist is still bad after four years the doctors did a bad job.
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Attorneys: Law forced woman to sue nephew over medical bills
Wednesday, October 14, 2015 PrintEmail0 Comments
By:
Associated Press
HARTFORD, Conn. — A woman who sued her 12-year-old nephew for $127,000 over injuries she received when he exuberantly greeted her at his birthday party four years ago was forced to go to court over her medical bills, her lawyers said Wednesday as backlash against her on social media sites poured in.
A jury on Tuesday rejected Jennifer Connell's lawsuit, finding the boy was not liable for her injuries. She had said she broke her wrist when the Westport boy jumped into her arms at his 8th-birthday party, causing her to fall.
Jainchill & Beckert, Connell's law firm, said her nephew's parents' insurance company offered her $1 over the fall, which occurred at their home. She had no choice but to sue to pay medical bills, they said, adding that she has had two surgeries and could face a third, her lawyers said.
"From the start, this was a case ... about one thing: Getting medical bills paid by homeowner's insurance," the law firm said Wednesday in an emailed statement. "Our client was never looking for money from her nephew or his family."
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.
"In Connecticut and most states, if you have a claim against someone for negligence, you sue that individual, not the insurance company," he said.
Connell's lawsuit said her "injuries, losses and harms" were caused by the negligence and carelessness of the youngster, who should have known his "forceful greeting" would have injured her. A six-member Superior Court jury found that the boy was not liable.
Jainchill & Beckert said Connell, a 54-year-old human resources manager from New York City, is being attacked on social media and has "been through enough."
On Twitter, she has been vilified as a terrible aunt, the most hated woman in America and an awful human being.
Many took aim in particular at her statement to jurors, reported by the Connecticut Post, that because of her injury she could not easily hold an hors d'oeuvre plate at a recent party.
Yes, that does happen where are told to sue. And, not sure why she owes so much money? She is an employed HR person. I would think she has insurance. But, maybe she has Obamacare.
Per Connecticut State law and the lovely Insurance Company, the Aunt had to sue the person who actually caused the injury. It was not HER idea, but the way the systems are set up.
The Press knows this. The Press choose to write this story in a way that created this knee-jerk, tugging the heart strings, demonizing the poor Aunt because it makes for a great story.
As for the dollar amount, the Aunt has had two surgeries already (not mentioned in 99% of the news stories) and will have to have another one. None of this will allow her to get disability, so any out of work time will be lost income.
And finally - Subrogation people.
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Yes, that does happen where are told to sue. And, not sure why she owes so much money? She is an employed HR person. I would think she has insurance. But, maybe she has Obamacare.
More likely, her medical insurance company declined to pay because her injury was caused by someone else's action, and that person's insurance should pay.
Catch-22
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The Principle of Least Interest: He who cares least about a relationship, controls it.
Well, if the family is fine with it, then it's nobody else's business. Actually it is nobody else's business either way. But, there are times when you are put in a position to sue not because you want to but because you have to in order to force those to pay who were supposed to pay in the first place.
However, she should know that the "i can't hold a plate of hors douerves really makes for good copy and makes her sound like some elite snob.
Well, if the family is fine with it, then it's nobody else's business. Actually it is nobody else's business either way. But, there are times when you are put in a position to sue not because you want to but because you have to in order to force those to pay who were supposed to pay in the first place.
However, she should know that the "i can't hold a plate of hors douerves really makes for good copy and makes her sound like some elite snob.
I think she was trying to make it as ridiculous as she could. It was a farce from the beginning...
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America guarantees equal opportunity, not equal outcome...
She had no choice. It would be the only way to get the Homeowner's Insurance to pay.
- Fort Worth Mom
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I saw a news segment where they asked a lawyer from that state about her need to sue a person, and according to him she could have sued her nephew or either parent as the homeowners since it was done to make the homeowner's insurance pay. She chose to not sue the father or the estate of the mother.
This makes me feel better about the lawsuit. But more angry at the media for blasting it.
-- Edited by FNW on Friday 16th of October 2015 10:25:02 AM
My son worked for a news station as a camara man and sound tech. He said the motto was if it bleeds it leads.
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