Plan B Forum

Bridgeport: A Connecticut jury sided against 54-year-old New Yorker, Jennifer Connell, after she sued her now 12-year old nephew for an incident several years ago in which he hugged her a little too hard, knocked her to the floor — and broke her wrist.

The then-eight-year-old was pretty excited to see his aunt at his birthday party on March 18, 2011, according to the Connecticut Post. He had just gotten a two-wheel bike that day and was riding it around the home, the newspaper reported. He was so excited that he ran up to his aunt as soon as he saw her.

"Aunty Jen, Aunty Jen," he exclaimed.

That's when things got a little dangerous.


"All of a sudden he was there in the air, I had to catch him, and we tumbled onto the ground," Ms Connell testified, according to the Connecticut Post. "I remember him shouting, 'Aunty Jen, I love you,' and there he was flying at me."

All 22 kilos of him.

The jury, according to the Connecticut Post, didn't take more than 25 minutes to make their decision on Tuesday.

Her attorney William Beckert told the New York Daily News that his client's nephew Sean Tarala "should have known better", "We do not take great pleasure in bringing a minor to court," Mr Beckert said. "She is not here enjoying a moment of this."

"We have rules for children," the lawyer continued. "He was not careful. He was unsafe." Ms Connell said she didn't say much to the child at the party — opting to avoid upsetting him on his big day.

But since then, life has been hard, she testified in a Bridgeport court on Friday. Manhattan, where Ms Connell lives, is crowded, she testified. And her third-floor walk-up on the Upper East Side poses challenges for her now.

It gets worse.

"I was at a party recently, and it was difficult to hold my hors d'oeuvre plate," Ms Connell said, according to the news account.

Her nephew, 12-year-old Sean Tarala, sat in court looking a little confused, the paper reported. He was accompanied by his father, Michael Tarala; his mother, Lisa Tarala, died last year.
Connell sought $US127,000 ($175,000) from Sean for the harm she said she has suffered since he greeted her a little too enthusiastically.

"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 states, according to the Connecticut Post.

Attorneys for Ms Connell and Mr Tarala did not immediately respond to a request for comment.


Read more: http://www.smh.com.au/world/aunty-fails ... z3oUYkzCAv

Long Run wrote:No doubt there is a homeonwer's insurance company on the hook to pay any damages.

MajGenl.Meade wrote:IIRC that's a big no on the insurance. Now if the kid dropped a bowling ball through the priceless coffee table, that's probably covered.

Liability insurance
Protect yourself with liability insurance

Liability insurance is about financial protection - for you and your family. The personal liability coverage within your homeowners policy provides coverage for bodily injury and property damage sustained by others for which you or your family members are legally responsible. For example, someone falls down your stairs, or your child accidentally throws a ball through a neighbor's window, breaking an expensive Chinese vase - you may be held responsible for the damages caused. Under personal liability coverage, the insurance company defends you if you are sued, and pays damages to the injured person up to the limit of liability.

Most homeowners policies provide a minimum of $100,000 in personal liability coverage, meaning the insurance company will pay up to the amount in total to injured persons per accident. If you feel you need more protection, you can increase this amount up to $500,000. You can also purchase a personal liability umbrella policy if you think you need more than $500,000 in liability coverage.

....
"From the start, this was a case was about one thing: getting medical bills paid by homeowner’s insurance. Our client was never looking for money from her nephew or his family. It was about the insurance industry and being forced to sue to get medical bills paid. She suffered a horrific injury," Jainchill and Beckert said in their statement.

"Prior to the trial, the insurance company offered her one dollar. Unfortunately, due to Connecticut law, the homeowner’s insurance company could not be identified as the defendant.
....

Big RR wrote:Sue--would it be covered under homeowners insurance or was it an intentional act excluded from coverage?

And FWIW, this seems to be a pretty big payout requested unless she had to undergo surgery (perhaps she did).

MajGenl.Meade wrote:Sue - that's weird law where you are. Long Run's is similar to Ohio. As soon as the homeowner gets the court papers, they go to the insurance company which will either settle or defend the case,

MajGenl.Meade wrote:(And anyone who has only $100K of Liability on an HO should be given a good shaking)

The jury deliberated for about 20 minutes Tuesday before ruling that Connell is entitled to no money, the Post reported.

Yeah, and maybe give her the death penalty

Long Run wrote:20 minute jury deliberation for a defense verdict, after a week long trial, indicates that auntie was not significantly injured, contrary to her attorney's public statements.