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Driver in fatal crash sues victim's parents

Posted Nov 15 2010 6:43am

This morning I read this Associated Press article and had what I refer to as a serious WTF moment.

14 year old Matthew Kenney (Left.) was killed on his bicycle when he was struck by David Weaving who was recklessly overtaking another car at 83 mph in a 45 mph zone.

Weaving who has five previous drunk driving convictions is serving 10 years for manslaughter in this case.

Mathew’s parents are suing Weaving for $15,000; a paltry sum, but I imagine it is probably the limit of insurance cover that this driver had.

Now Weaving is counter suing the parents for $15,000 for negligence for allowing their son to ride a bicycle without a helmet. Although this  is a frivolous lawsuit filed from Weaving’s prison cell at no cost to him, and will probably go nowhere, it is designed to cause further pain and suffering to the parents.

Also it delays the Kenney’s case and causes further legal expense on their part; it is designed to try to make them give up and drop the case.

The helmet issue is also preposterous in this case; stuck by a car doing 83 mph, a layer of foam polyurethane on the victim’s head offers little or no protection. In this case the wearing of a helmet probably would have had no bearing on the tragic outcome.

In writing this I am hoping that someone with more legal knowledge than I have, can give some helpful advice to the Kenney family

 

                          

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