A Connecticut jury has rejected a woman's bid to sue her 12-year-old nephew for injuries she says she suffered from his exuberant greeting at his birthday party four years ago.
New York City resident Jennifer Connell claimed the Westport boy acted unreasonably when he leaped into her arms at his 8th-birthday party. She sued in Bridgeport Superior Court for $127,000, with her law firm saying she "had no choice" under Connecticut law in order to get her medical bills paid by homeowner's insurance.
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The six-member jury found Tuesday that the boy was not liable, according to the Connecticut Post.
The 54-year-old Connell had argued the boy caused her to fall to the ground and break her wrist. She testified she loves her nephew but thinks he should be held accountable.
"The injuries, losses and harm 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 complaint said.
A listed phone number couldn't be found for the youngster's father.
But Connell's attorneys said she had no choice, and released a statement to NBC Connecticut saying the case was about having medical bills paid for her "horrific injury" that required two surgeries.
"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," the law firm Jainchill and Beckert said on behalf of Connell. "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."