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Woman sues nephew for $127K for accidentally breaking her arm when he was 8

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R

Raistlin

Post Count: 9999
Who's house was it at? The kid's parent's house? If so, I suspect the writers don't have the full story. Many times this is how you are forced to handle things within the confines of our insurance policies.
 
G

Gordon Shumway

Banned
You Know Nothing said:
Exactly. Her eight year old nephew clearly had it in for her.
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He once attacked Elijah Wood..

1465395205161041578.jpg
 
LQX

LQX

Member
Maybe the kids parents are loaded yet refuse to contribute to her medical bills. I would probably be pissed and sue also.
 
M

mre

Golden Domers are chickenshit!!
Zoe said:
You'd think that would have come up sometime before in the four years since the accident.
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The initial accident happened on March 18, 2011. The statute of limitations for negligence in Connecticut is 2 years, so the lawsuit would have been filed prior to March 19, 2013, well before the mother's death in 2014. It just takes a long time for cases to go from filing to trial, which seems to be where this is at given all of the in-court testimony and party appearances.

The lawsuit may be filed against the nephew, but it's how this would have to be filed in order to get the parents' home owner's insurance to pay for the aunt's damages, including medical expenses. The $127k figure includes (1) medical bills (either out of pocket or amounts that will need to be paid back to the aunt's own insurer), as well as (2) pain and suffering (which she did a great job of reducing with her hors d’oeuvres comment) and, possibly, (3) lost wages.

And for those of you running down the language used by her attorney:
“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,” the lawsuit claims.
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That's just the magic language that checks all of the boxes in a lawsuit with a negligence claim. It's the legal standard for negligence, and while the complaint doesn't have to use those words exactly, it's helpful to couch your claim in words developed by the courts so that the judge can easily rule in your favor if the other side files a motion to dismiss on the basis that your complaint failed to adequately state a claim.
 
L

L.B. Jeffries

Member
mre said:
The initial accident happened on March 18, 2011. The statute of limitations for negligence in Connecticut is 2 years, so the lawsuit would have been filed prior to March 19, 2013, well before the mother's death in 2014. It just takes a long time for cases to go from filing to trial, which seems to be where this is at given all of the in-court testimony and party appearances.

The lawsuit may be filed against the nephew, but it's how this would have to be filed in order to get the parents' home owner's insurance to pay for the aunt's damages, including medical expenses. The $127k figure includes (1) medical bills (either out of pocket or amounts that will need to be paid back to the aunt's own insurer), as well as (2) pain and suffering (which she did a great job of reducing with her hors d’oeuvres comment) and, possibly, (3) lost wages.

And for those of you running down the language used by her attorney:

That's just the magic language that checks all of the boxes in a lawsuit with a negligence claim. It's the legal standard for negligence, and while the complaint doesn't have to use those words exactly, it's helpful to couch your claim in words developed by the courts so that the judge can easily rule in your favor if the other side files a motion to dismiss on the basis that your complaint failed to adequately state a claim.
Click to expand...

Holy shit, I almost typed this out and then figured why bother. Thank you.
 
Red Mage

Red Mage

Member
LiK said:
they should cut off all ties with her. they also need to toss out this lawsuit stat
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She may have done so herself. Speaking from personal experience, the people who would sue for this tend to convince themselves that they are the real victims.
 
R

Revolver

Member
Raistlin said:
Who's house was it at? The kid's parent's house? If so, I suspect the writers don't have the full story. Many times this is how you are forced to handle things within the confines of our insurance policies.
Click to expand...

A friend of my wife's fell and broke her leg at her mom's house a few years ago. She was forced to sue her own mother before the insurance would pay her medical bills which added up to several thousand dollars when all was said and done. It sucks big time but that's the situation insurance companies force people into a lot of times. Sue your own flesh and blood or get buried under ridiculous medical bills. I don't know if that's the case with this woman but it's possible I guess.
 
L

Limited Edition

Banned
Lagamorph said:
Thanks to this thread Gaf is now giving me "Injured in an accident that wasn't your fault?" ads.
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The ad should read "Did you do something remarkably stupid and get injured in the process? Don't accept fault, blame someone else!" Because that's about how pathetic some lawsuits are that manage to stand up in court.
 
M

mre

Golden Domers are chickenshit!!
Virdix said:
Im not a lawyer, nor do i claim to be an "expert at law" but wouldnt the Statute of limitations apply here?

According to this
http://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/statutes-limitation/

She had 3 years, if hes 12 now and was 8 when it happened?

I looked for this on the first page, but my class is about to start so apologies if someone brought this up already.
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Happened in Connecticut. Connecticut SoL (2 years) applies. This is already at trial.
mre said:
The initial accident happened on March 18, 2011. The statute of limitations for negligence in Connecticut is 2 years, so the lawsuit would have been filed prior to March 19, 2013, well before the mother's death in 2014. It just takes a long time for cases to go from filing to trial, which seems to be where this is at given all of the in-court testimony and party appearances.

The lawsuit may be filed against the nephew, but it's how this would have to be filed in order to get the parents' home owner's insurance to pay for the aunt's damages, including medical expenses. The $127k figure includes (1) medical bills (either out of pocket or amounts that will need to be paid back to the aunt's own insurer), as well as (2) pain and suffering (which she did a great job of reducing with her hors d’oeuvres comment) and, possibly, (3) lost wages.

And for those of you running down the language used by her attorney:

That's just the magic language that checks all of the boxes in a lawsuit with a negligence claim. It's the legal standard for negligence, and while the complaint doesn't have to use those words exactly, it's helpful to couch your claim in words developed by the courts so that the judge can easily rule in your favor if the other side files a motion to dismiss on the basis that your complaint failed to adequately state a claim.
Click to expand...
.
L.B. Jeffries said:
Holy shit, I almost typed this out and then figured why bother. Thank you.
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I try. Most will just ignore it in order to feed their righteous indignation, but whatchugonnado?
Virdix said:
Thanks for clearing that up :)
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Any time.
 
poppabk

poppabk

Cheeks Spread for Digital Only Future
ViciousDS said:
oh shit......I knocked my aunts tooth out when I was 3. Went to go hug her when I was younger and due to height I jumped to go into her lap (she was sitting) and had my shoulder hit her mouth on accident.

Time to get a lawyer GAF
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Accident? You had to have known that you would knock her tooth out. Is she even able to eat hors d'oeuvres properly? May God have mercy on your corrupt soul.
 
S

Skiptastic

Member
Hanmik said:
this is the original article (as far as I know).. the one every other site is using as source..

http://www.ctpost.com/news/article/8-year-old-boy-on-trial-for-exuberance-6566757.php
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You all don't seem to understand.

She lives in a third floor walk-up apartment in Manhattan. It's difficult, dammit!

In all seriousness, there may be a chance that the parents were fine with it so she could get some money from the insurance company to pay for her medical expenses.Yeah, it would raise the insurance on the family, but better to have them pay slightly higher insurance rates than have a relative pay for it outright.
 
J

Jeremy

Member
Insane! This reads exactly like an Onion article. Usually when people post "not the onion" it's just the headline and it's abnormal but whatever.

And if walking up stairs with an injured wrist wasn’t difficult enough, the after-effects on Connell’s social life have been disastrous.

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

freeofgreed

Member
mre said:
The initial accident happened on March 18, 2011. The statute of limitations for negligence in Connecticut is 2 years, so the lawsuit would have been filed prior to March 19, 2013, well before the mother's death in 2014. It just takes a long time for cases to go from filing to trial, which seems to be where this is at given all of the in-court testimony and party appearances.

The lawsuit may be filed against the nephew, but it's how this would have to be filed in order to get the parents' home owner's insurance to pay for the aunt's damages, including medical expenses. The $127k figure includes (1) medical bills (either out of pocket or amounts that will need to be paid back to the aunt's own insurer), as well as (2) pain and suffering (which she did a great job of reducing with her hors d’oeuvres comment) and, possibly, (3) lost wages.

And for those of you running down the language used by her attorney:

That's just the magic language that checks all of the boxes in a lawsuit with a negligence claim. It's the legal standard for negligence, and while the complaint doesn't have to use those words exactly, it's helpful to couch your claim in words developed by the courts so that the judge can easily rule in your favor if the other side files a motion to dismiss on the basis that your complaint failed to adequately state a claim.
Click to expand...

Interesting I'll add this to the OP.
 
T

Tregard

Soothsayer
There is no way someone could put themselves in this position and not be aware of how deluded they sound. Hopefully a shot at $127k is enough for severing ties with your family and making yourself look like an evil villain who steals from children.
 
D

Deleted member 20415

Unconfirmed Member
Alligatorjandro said:
Are we sure it was accidental?
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Ah, you're getting too close, TOO CLOSE. You've uncovered the well-coordinated and planned conspiracy to use a harmless 8 year old boy to enact wicked damage and harm to this poor woman!

The shadowy cabal around this woman believed they could surprise her with this harmless, cheerful boy expressing his love for her, and twist it into a horrible love-fueled attack!

I'm just glad that this woman has had the courage to be patient for 4 long years, before she could strike back at her attacker! Think of all the hors d'oeuvres plates she's been unable to hold for years!
 
S

shoreu

Member
Raistlin said:
Who's house was it at? The kid's parent's house? If so, I suspect the writers don't have the full story. Many times this is how you are forced to handle things within the confines of our insurance policies.
Click to expand...

Even if the kid pushed her I don't think this is the proper course of action.
 
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