Aunt Tried to Sue Nephew After Unsuccessful Hug

Jennifer Connell suffered a broken wrist after her excited 8 year old "nephew" (she is actually his cousin, but the boy calls her "Auntie Jen") rushed to hug her, which caused her to fall over and break her wrist. She claimed that the boy was acting unreasonably when he jumped into her arms during his birthday party in 2011.

Connell had to undergo two surgeries, and may have to have another one as well. She was suing for the amount of $127,000. She also claimed that the injury still has an impact on her day to day life.

Her attorneys say that she wasn't out to sue her nephew, but just collect recovery from the homeowners insurance company for her medical bills.

It only took the six member jury 25 minutes to decide that the young boy was not liable, and he was in no way negligent. Law professor William Dunlap said that this is common in civil cases with children because they cannot be held under the same "reasonable person" standard.

Comments from Allen:
There is so much to comment upon here.  Though I am tempted to say I am glad George Gershwin wrote his memorable "Embraceable You" before Ms. Connell sued her loving "nephew," I do understand her desire to tap into the liability coverage of the homeowner's policy of the boy's father.  However, negligence must be established, and this case had all of the earmarks of a cause doomed before it began.

First, the child was motivated by pure love, and he feels such affection for his second cousin he calls her "Auntie Jen."  Score one for the child.  Second, the boy's mother died last year, making him even more of a sympathetic figure to any jury.  Score two for the child.  Third, when deciding whether the boy was negligent, the jury was instructed to compare his conduct to that of a typical 8 year old boy.  Fourth, the jury was not allowed to know that a billion dollar insurance company was the real target, and Ms. Connell had to put someone's name on the complaint, so the suit was her v. loving child.  Fifth, Auntie is no pauper, she lives in Manhattan; the jury is going to find it hard to relate to her financial woes as a result of  this hug. Sixth, in testifying how her life had been permanently marred, she related this heart-wrenching tale to the jury: “I was at a party recently, and it was difficult to hold my hors d’oeuvre plate." This is the point in the trial where the plaintiff's attorney looks for a hole to crawl into.

We can all be thankful this woman did not succeed in her suit. Otherwise, we might not be seeing this sign around any more.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.buzzfeed.com/stephaniemcneal/an-aunt-sued-her-8-year-old-nephew-for-hurting-her-during-a#.sbX995nky

http://www.courant.com/breaking-news/hc-ap-westport-aunt-sues-nephew-20151013-story.html

http://www.ctpost.com/news/article/Jury-Aunt-who-sued-8-year-old-gets-zero-6568677.php

http://lmgcorporate.com/wfsb/news/complaint.pdf

http://www.usatoday.com/story/news/2015/10/14/aunt-who-sued-young-nephew-for-breaking-her-wrist-during-greeting-says-it-was-purely-an-insurance-case/73928504/

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