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Gender: Female
Industry: Law
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Location: Undisclosed

Judged Blog
Another Judicial Bad Call
For many of us, there's nothing sweeter than reminiscing about those

carefree days of childhood. Filled with such incredible memories of

learning to swim, riding our bikes and of course, the abundance of

life's lessons most of us learned during that first decade of life.



Justice Paul Wooten, a Manhattan judge, announced yesterday in a rather

stunning decision, that a four year old girl may be sued for negligence

in the injury and ultimate death of an 87 year old woman. It's tragic,

no doubt; but negligent? A four year old? Seriously? Turns out, His

Honor absolutely believes the little girl can be sued because there was

''no evidence that the girl lacked intelligence, maturity and nothing to

indicate that another child of similar age and capacity under the

circumstances could not have reasonably appreciated the danger of riding

a bicycle into an elderly woman''. But wait. There's more. The

mother, who was with her daughter when the accident occurred, should

not be held liable and the ruling stated further, ''a parent's presence

alone does not give a reasonable carte blanche to engage in risky

behavior such as running across a street''.





This, of course, begs the question, what about the parents who are held

liable when their teens wreck the family car, break into the neighbor's

home, get locked up for loitering and the twelve million other brouhahas

teens find themselves in? Don't we, as Americans, hold parents

accountable?





The judge ruled that there was no evidence to believe she (the four year

old) lacked maturity and intelligence. This absolutely baffles the

mind. Two questions would have provided all the evidence the judge

could have possibly needed. Ask this child to define ''intelligence''.

Question two, ask her if she does her own laundry and vacuums her own

bedroom. Those two questions would reveal that this child has neither

maturity or intelligence. She's not supposed to! It's likely she only

has been sleeping in a ''big girl bed'' and has probably just learned

her alphabet. As she grows, she likely will continue to develop and

mature, but she is a toddler. For an esteemed judge to make such a

disturbing ruling would be laughable were it not such a slap in the face

to the American justice system.





It's tragic the elderly woman passed away three weeks after the little

girl ran into her with her bicycle. Her family sued, which is what this

week's hearing focused on.





Bottom line is the judge made a bad call and his decision will have

repercussions for many years. A golden opportunity was missed that

could have taught this child a lesson and that accidents indeed happen.

This child must now shoulder not only the guilt she will likely feel

about the death of the woman (It's not been determined if hers and the

little's girls run in was related to her death), but now, she'll be

stuck with the label of likely being the youngest American deemed mature

enough to sue. What's next? The neighbor suing when little Billy

picks flowers from her flower bed to present to his mother?





The case, now allowed to move forward, will likely be heard in early 2011.

11-01-2010

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Dear Your Honor,
Dear Judge,

Do you ever experience any physical danger in the courtroom?  You do deal with all those criminals, right? 

Sincerly,

Concerned Bailiff's Mommy



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