General Question

flo's avatar

Why did the aunt's lawsuit against her 8 yr. old nephew not get thrown out right from the get go?

Asked by flo (12974points) October 13th, 2015

http://www.nydailynews.com/new-york/aunt-sues-nephew-12-breaking-wrist-greeting-article-1.2394889
“JURY DECIDES AGAINST NYC AUNT WHO SUED NEPHEW”
All caps from the article.

Doesn’t a person need to be of age in order to be sued? “The minor child is the only defendant in the case.”

What does it take for a court to say “No, we can’t hear this case, this is clearly an accident, and this is a child.”?

What am I missing?

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12 Answers

LuckyGuy's avatar

You’d think. But this is America where anyone can sue anyone else for anything.
Auntie likely figured the insurance company of the little scamp’s parents would pay. She also likely has a lawyer friend who was willing to go for it on a contingency basis.
Sometimes our court system sucks. Sometimes it doesn’t.

If she was charged a fee for wasting court time on a frivolous case she would never have filed.

jca's avatar

An attorney told me once that New York City juries are very liberal. So in other words, if you live in the area, as I do, and you’re going to sue someone, file the papers in New York City. In the case of this woman, the court system was being liberal.

elbanditoroso's avatar

It was a loser from the beginning. And incredibly stupid of the aunt. Glad she lost.

cazzie's avatar

I sounds like an article from The Onion. There are too many lawyers in New York. I was hoping that it was some stupid insurance thing but sounds like the aunt initiated the suit herself. People are crazy.

flo's avatar

There are so many questions it is not even funny.

Why did the story only come out now, after the judgement came down, or is there an original story article or broadcast from 4 years ago, since now he’s 12? One of many questions.

flo's avatar

But does this mean nothing gets turned away at the first gate? Even if someone go and sue my toddler kept me awake and I got into an accident because of lack of sleep?

jca's avatar

The aunt and the nephew were on The Today Show today. The nephew is now bigger, as the event occurred four years ago. The aunt said that she was told by attorney that she had to put a name of an individual on the paperwork, because in the state of Connecticut, where the event occurred, the homeowner’s insurance wouldn’t cover her medical care without a person being named.

The aunt and the nephew expressed how much they love each other and how the whole thing got blown up by the media.

cazzie's avatar

Ah! Screwed up medical industry. That was my first thought.

flo's avatar

I still don’t know why the parent or the parents’ name only on the lawsuit instead of the 8yr. old.

cazzie's avatar

It was a dog and pony show. The Aunt didn’t actually want anyone but the insurance company to be liable for her damages.

jca's avatar

What @cazzie said, @flo.

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