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  • Driver convicted of killing child sues victim’s parents
  • iain1775
    Free Member

    Apologies if its been done already
    Sometimes the Yank legal system and just Yanks in general astounds me –

    Driver convicted of killing child sues victim’s parents
    By Kirsten Frattini in Asheville, NC

    David Weaving filed suit against his victim’s parents (Joe Gratz)
    A driver serving prison time for hitting and killing a 14-year-old with his car has filed a lawsuit against the victim’s parents, accusing them of negligence for allowing their son to ride his bicycle without a helmet contrary to state law.

    David Weaving’s legal action counters a suit filed by the parents of Matthew Kenney for $15,000 for negligent driving. He is suing them for the same amount, according to the Associated Press, claiming that they caused him “great mental and emotional pain and suffering” and inhibited his “capacity to carry on his life’s activities”.

    Joanne Kenney told AP that Weaving’s counter-lawsuit was “unbelievable” and that “it drags the pain on. It’s a constant reminder”.

    “Enough is enough,” she said. “Can you just leave us alone and serve your time?”

    There is no federal law that requires helmet use in the US. However, Connecticut has adopted a mandatory bicycle helmet law, Senate Bill No. 597 and Public Act No. 97-46, that applies to children aged 15 and under.

    The bill states: “Failure to comply with this section shall not be a violation or an offense. Failure to wear protective headgear as required by this subsection shall not be considered to be contributory negligence on the part of the parent or the child nor shall such failure be admissible in any civil action.”

    Weaving has chosen to represent himself during the counter-lawsuit. He is considered indigent and therefore will not have to pay any fees. The Kenneys, however, will have to pay for their defense in court.

    On 27 April 2007, Weaving was trying to overtake the traffic ahead of him while driving recklessly at speeds upwards of 84mph (133 km/h) in a 45mph (72 km/h) zone on Route 69 in Prospect, Connecticut when he struck and killed Kenney who was riding his bike, according to police and prosecutors.

    The boy suffered severe head trauma along with other internal injuries and broken bones. Doctors pronounced him brain dead the next day. He wasn’t wearing a helmet at the time of the incident.

    Weaving was convicted of manslaughter in December 2008 and has spent the past two years serving a 10-year sentence in prison. Previously, he was arrested on five separate occasions for drunk driving. He wasn’t charged with drunk driving in this case.

    According to the Associated Press, Weaving said that if the Kenneys had “complied with the responsibilities of a parent and guardian, and the laws of this state, and not allowed their son to ride his bicycle without a helmet and to play out in the middle of Route 69… Matthew’s death wouldn’t have happened.”

    Spongebob
    Free Member

    Greedy lawyers!

    wwaswas
    Full Member

    Greedy lawyers!

    how do you work that out – he’s representing himself?

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    cynic-al
    Free Member

    EPIC SpongeFAIL!

    JEngledow
    Free Member

    I’ve been half expecting something like this, but thought it would be an ‘innocent driver’

    stumpyjon
    Full Member

    Greedy lawyers!

    My first reaction until I read the post properly. I think it’s about time some thought was given to the merits of a case, often defendants can end up out of pocket even when they win and even if they don’t they still have to go through the trauma of court. In situations like this there ought to be some sort of independant adjudication which basically gives the prescution permission to proceed. unfortunately this would require a qualitative judgement and the legal systems don’t like that sort of approach.

    thegreatape
    Free Member

    JEndleglow – I think there was a motorcyclist who sued after he hit a child who was killed. Although I think he was also badly hurt, and hadn’t been at fault, so a different scenario to this one in that respect.

    thisisnotaspoon
    Free Member

    Note that it’s a counter claim, i.e. if he wins he’ll get nothing, the family will pay him the $15000 that he will give them if they win. He is presumably pretty much broke being in jail so they wont see a penny of the $15000 they are sueing him for so all he is doing is avoiding bankrupcy.

    McHamish
    Free Member

    Joanne Kenney told AP that Weaving’s counter-lawsuit was “unbelievable” and that “it drags the pain on. It’s a constant reminder”.

    “Enough is enough,” she said. “Can you just leave us alone and serve your time?”

    I don’t understand that…if it’s was a counter claim to the parent sueing him for $15k, then they’re dragging it on themselves, and opening themselves up to a counterclaim. Did they expect him to say “fair enough, I’m in jail, but what I did was bad so you should punish me further. Here’s $15k.”?

    Junkyard
    Free Member

    all he is doing is avoiding bankrupcy

    Is it hard being bankrupt in prison? Will it make any difference to him?
    Sounds like both sides have not got over the incident yet which is tragic for all concerned.

    GrahamS
    Full Member

    What a despicable cock.

    …driving recklessly at speeds upwards of 84mph (133 km/h) in a 45mph (72 km/h) zone on Route 69 in Prospect, Connecticut when he struck and killed Kenney who was riding his bike…

    (Without wanting to start yet another helmet debate) does anyone honestly think a little polystyrene bike helmet makes much difference when a couple of tons of car hit you at 84mph!

    jon1973
    Free Member

    does anyone honestly think a little polystyrene bike helmet makes much difference when a couple of tons of car hit you at 84mph!

    The guy is clearly a cock, but just because he has the right to sue someone doesn’t mean he will win. Sense will prevail I’m sure.

    s
    Free Member

    Is that not standard pratice over there, countersuing?

    Still quite a sick thing to do!

    headfirst
    Free Member

    Picking up on McHamish’s point, I can’t see the mentality of the parents ‘making money’ out of their kids death. Shouldn’t they be putting their efforts into supporting each other in re-building their lives?

    Maybe Greedy lawyers have stuck their noses in after all??

    Edit: I should say that obviously the driver is a complete twunt.

    ditch_jockey
    Free Member

    (Without wanting to start yet another helmet debate) does anyone honestly think a little polystyrene bike helmet makes much difference when a couple of tons of car hit you at 84mph!

    speaking as someone who always wears a helmet on the road or off – there’s not a chance in hell that wearing a helmet would have made the slightest difference to the outcome of this incident.

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