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Aunt loses lawsuit against 8-year-old nephew who jumped into her arms

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Ventara

Member
I find this hilarious. Like every single line of the article made me laugh. There have been some articles really seemed like they might belong on The Onion, but this takes the cake. I mean, I feel sorry that she broke her wrist and hope she recovers, but suing an 8-year-old? LOL. The part where she's saying that he's a good boy but needs to take responsibility killed me.
 
If she had to sue to go after homeowner's insurance, why were the boy and his father represented as being confused and unhappy about the lawsuit? Isn't that something you would talk about with them--or at least the father--if it was just standard procedure? Seem to me, coupled with her statements, that she is either a raging bitch or trying to make some kind of statement, considering her sound bytes could have come from an onion article.
 

Spladam

Member
Where did she think an 8 year old was going to get 127K?

“I was at a party recently, and it was difficult to hold my hors d’oeuvre plate,” she said.

This woman. Can't believe she works in HR, feel sorry for that company.
Who invites her to parties? Must have been so all the guest had someone to point at and give dirty looks to.
 

mre

Golden Domers are chickenshit!!
If she had to sue to go after homeowner's insurance, why were the boy and his father represented as being confused and unhappy about the lawsuit? Isn't that something you would talk about with them--or at least the father--if it was just standard procedure? Seem to me, coupled with her statements, that she is either a raging bitch or trying to make some kind of statement, considering her sound bytes could have come from an onion article.
The son was portrayed as confused because he's a 12 year old kid who has been sued and doesn't understand any of it. I don't see any such description of the father.
 

Ganhyun

Member
I am not sure why this even matters.

It still a really nasty thing to do no matter when she file the lawsuit.

It matter because, as evidenced on the last page, you get multiple people looking at a mod's post along the lines of 'it looks like she is just after his inheritance money' and going off for no good reason. Its not what happened. Do you not see why it would be a good idea to go by the facts instead of just feelings?

mre posted facts multiple times and was either ignored or purposely overlooked because a mod posted something different that is untrue. How is ignoring facts good for discussion?
 

poppabk

Cheeks Spread for Digital Only Future
playing devil's advocate, it could be that the aunt had no way to afford medical costs. Went to the kids parents, they refused to pay. Aunt's lawyer thinks there's no way to prove that parents were negligent, but by suing the kid they'd have the best chance of getting bills covered because the parents would have to pay anyway if the kid lost. I mean, it's still fucked up that she had to sue, but perhaps she felt she had no other choice because more reasonable alternatives were already exhausted.

or maybe she's a cunt, i dunno.
Even in the Devils advocate version she is still a horrible person.
 

Jeremy

Member
Things are a real mess if you have to sue family to get your medical costs covered by the insurance. What a situation to be in, damn.

Which would be okay unless you get on the stand and tell the court that it ruined your social life because you couldn't hold your plate of appetizers at a dinner party. It does make me wonder about how she ended up here and the context of her intents. I'm not surprised that it would happen but it just seems like the information I want to know isn't there, whereas things said in court are. I've seen the things people say in court taken out of and put back into context and it can completely shift things.

devil's advocate pt 2
 

aliengmr

Member
At the end of the day she stood in court next to a boy, whom just lost his mother, and asked a jury for $127k for an injury that resulted from the boy being super excited to see her. Whether she filed it before his mother's death or not is largely irrelevant.

No amount of explanations or devil's advocacy would polish that turd. You have to be entirely divorced from reality to think this was an appropriate course of action.

Now I am not exactly sure what the cost of living in is Manhattan, but I am finding it hard to believe she was uninsured. She would have had to pay, of course, and her life might have been a little difficult, but a rational person would pay that price before trying to sue an 8 year old that got overly excited to see you.

Her lawyer can't have thought this was a good idea.
 

Jigorath

Banned
I'm very happy this story blew up. If she was complaining about her social life then, it's going to be truly wrecked now that everyone knows she tried to sue her nephew for a fucking hug.
 

Chumly

Member
I'm sure a claim was made on the insurance company, which was denied. However, even if the insurance company denied her claim, the aunt has no standing to sue the insurance company, which essentially means the insurance company has no obligations towards her; their obligations are only towards their insured, the nephew (and his family). Because she has no standing to sue the insurance company, she has to sue a covered person, the nephew, and said lawsuit triggers the insurance company's responsibility to (1) defend the insured and, if they lose the lawsuit, to (2) indemnify the insured up to the policy limits.

Once sued, the father notified the insurance company of the lawsuit, and the insurance company paid the boy's attorney(s).

Had the aunt prevailed, then the insurance company would have paid up to the policy limits, regardless of the family's - well, really the son's - ability to pay.

I want to quote this post again so hopefully some people in this thread will read it. It's really gotten out of hand and your post is far more likely than half the crap people are posting.

Edit:
Also none of the articles have any quotes from the father or son and they could be perfectly content with the aunt suing them for reasons MRE has already pointed out. People need to settle down and stop being completely stupid about this. Until I see the dad making a big uproar about this its a thousand times more likely that he is ok with the lawsuit.
 

Ganhyun

Member
I want to quote this post again so hopefully some people in this thread will read it. It's really gotten out of hand and your post is far more likely than half the crap people are posting.

Edit:
Also none of the articles have any quotes from the father or son and they could be perfectly content with the aunt suing them for reasons MRE has already pointed out. People need to settle down and stop being completely stupid about this. Until I see the dad making a big uproar about this its a thousand times more likely that he is ok with the lawsuit.

I doubt re-quoting mre's post actually helps since people are still ignoring it and only looking at the inaccurate post a mod made.


Like this guy.


And one poster even responded directly to me that inaccurate or not it doesnt matter.
 

GSG Flash

Nobody ruins my family vacation but me...and maybe the boy!
I can't believe this idiot woman thought that this was a good idea.

I hope her court and lawyer fees are insanely high.
 

Ban Puncher

Member
An American!

KAc6Ogh.gif
 

TTG

Member
This boy is going to despise her once he fully understands what she tried to do to him.


As ridiculous as it is to sue the kid, once he fully understands what he did he probably won't feel great about himself either. He did bowl over a 50 year old woman.
 

Amalthea

Banned
Good that she didn't win. But if I died and my sister would sue my children to get the money I left them, I'd haunt the hell out of her.
 
I'm sure a claim was made on the insurance company, which was denied. However, even if the insurance company denied her claim, the aunt has no standing to sue the insurance company, which essentially means the insurance company has no obligations towards her; their obligations are only towards their insured, the nephew (and his family). Because she has no standing to sue the insurance company, she has to sue a covered person, the nephew, and said lawsuit triggers the insurance company's responsibility to (1) defend the insured and, if they lose the lawsuit, to (2) indemnify the insured up to the policy limits.

Once sued, the father notified the insurance company of the lawsuit, and the insurance company paid the boy's attorney(s).

Had the aunt prevailed, then the insurance company would have paid up to the policy limits, regardless of the family's - well, really the son's - ability to pay.

Does it usually take insurance four years to sue?

And it seems awfully convenient that they sued after his mother died.
 

Ganhyun

Member
Does it usually take insurance four years to sue?

And it seems awfully convenient that they sued after his mother died.

She didn't wait until 4 years later to sue. She sued before the statute of limitations to sue expired, which would have been 2 years ago, when the mother was still very much alive. Otherwise she could not legally sue at all.

mre has explained this already. Not sure why people refuse to believe facts in this case.
 
Not excusing this is a pretty douchey move by the Aunt, I have been told that in some cases to get the medical insurance to cover expenses, you have to sue the person responsible, to prove liability.

In this case she may have done it to try and get her insurance to cover the cost. That said, this is a huge coincidence that this took place a week after the mother's death.
 
Common sense has prevailed!

My nephew and niece regularly jump on me, and its great, if they were to break my wrist it would be an accident.

The aunt is an absolute C**t for bringing this to court not only after his mother passed away but for trying to sue a child who was only showing affection.

just seen Mre's post. But my point still stands that ot was an accident and the thought to sue even through insurance company is a joke.
 
I know everybody is entitled to a trial and all that, but jesus, really? The jury should sue her for wasting everyone's time, the people as a whole should sue her for wasting American tax dollars, the court should sue her for abusing the system, and the nephew's parents should sue her for being a POS twat of a person.
 

SoCoRoBo

Member
It's a real shame that cases like this and the McDonald's coffee case are what people associate tort law with. The people who benefit from an increasingly sceptical attitude towards this area of the justice system are, by and large, the people who would have large claims brought against them in the first place.

People can and do bring vexatious claims, but without knowing more about the circumstances in this case it's completely premature to call this woman a monster or, as some posters have done, call the case 'basically child abuse'.
 
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