Jennifer Connell, of New York City, has lost a case but appears to have won the distinction of being the worst aunt alive. Connell, 54, sued her 8-year-old nephew Sean Tarala for $127,000 for jumping into her arms at a party. The act caused her to fall and break her wrist. It is the type of thing that happens in families but Connell sued her nephew in torts. A six-member Connecticut jury unanimously rejected the claim in just 25 minutes — barely enough time to get to the jury room, take their seats, and vote down the case.
The complaint alleged that “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 is reminiscent of the case of Garratt v. Dailey, 49 Wn.2d 499, 304 P.2d 681 (Wash. 1956) where Brian Dailey, 5, injured Naomi Garrett at her sister Ruth’s home when he pulled out a chair in a prank as Garrett was about to sit down. The court found for Garrett. Dailey did not intend to hurt Garrett but was substantially certain of that she would be injury as result of her actions.
In this case, it is not clear that Sean could be viewed as satisfying even the substantial certainty standard.
Connell insisted that she loves Sean and described him as a “very loving, sensitive” boy but still wanted him declared guilty and hit with a huge damage award.
Connell is a human resources manager and said that she was taken by surprise by her loving nephew: “All of a sudden he was there in the air, I had to catch him and we tumbled onto the ground . . . I remember him shouting, ‘Auntie Jen, I love you!’ and there he was, flying at me.” She described the horror of the aftermath of the accident and that recently she was at a party and “it was difficult to hold my hors d’oeuvres plate.”
I cannot imagine why the jury was not enraged at the thought of it.
DBQ, the lawsuit was filed years before the mother died. It is in the headlines now because the trial started. It is my understanding the fracture has already resulted in two surgeries and may require a third. A wrist injury causing weakness and pain can substantially ipact daily life, causing problems with doing everyday things like grocery shopping and laundry even without having to carry things up to a third story walk up.. As to whether her own health insurance would cover the bills, I haven’t seen any articles really discussing that aspect. The availability of health insurance, and what is specifically covered varies so much that one can’t make any assumptions. As pointed out by Eric Turkewitz on the New York Personal Injury Blog, this is very similar to situations in which family members and close friends sue eachother over auto accidents. Both parties know that the only thing at issue is insurance proceeds, and both are often hoping that the plaintiff prevails
Bambam, my reference to the whole family often seeing the benefit was not intended to suggest that everyone gets a share of the pot. Rather, assuming caring family relations, they may conclude that the benefits of having their injured family member compensated by the insurance company would be a good outcome for the family as a whole.
@ Ninnian
The accident occurred when the child was 8 years old. He is now 12 and the recipient of his mother’s estate, who died last year. Now she decides to sue the child?
The article does not state that the cost of medical treatment for a broken wrist was 127K. Unless she had a compound fracture the cost of an xray and setting the wrist would not be very much. Since her biggest problem is not being able to hold her snack plate, I doubt she had a very serious break at all and she said nothing about being harmed at the time to anyone at the child’s birthday party.
In other articles the Aunt states how difficult her life has been since with an aching wrist…..something about living in a third floor walk up apartment. It seems that she is also suing for pain and suffering or just being inconvenienced by her wrist. ‘I live in Manhattan in a third-floor walk-up so it has been very difficult. And we all know how crowded it is in Manhattan. I was at a party recently, and it was difficult to hold my hors d’oeuvre plate.’ Oh boo hoo.
So……she waits until after the mother (I’m guessing it is her sister) dies and then decides to sue the kid. Probably she was cut out of the will and is all spiteful and wants her pound of flesh, so to speak.
In addition, IF she was employed at the time in her human resources position, which isn’t clear because the articles are written by journalistic monkeys, then her medical bills would have been covered at the time. The woman is not poor. She lives in a wealthy area in one of the most expensive places to live.
She just sounds like a greedy envious woman.
This lady is absurd. I completed jumping a round of fences with a dislocated shoulder. When I had surgery to fix it, I just used my other hand and got around fine. OK, my makeup was not so great applied with my other hand, but that’s about it.
The homeowners insurance made me sue my nephew doesn’t hold water.
Darren:
Oh my God, the little boy’s mom died, and his aunt Cruella is suing him for knocking her over?
This is exactly the type of person no one wants to invite to parties or family events. If she trips and falls she sees dollar signs.
No shame.
Karen – you know this woman is good for a family betting pool on how and when and where she is going to get injured at each family gathering.
Bam Bam,
I meant that it’s possible that no one raised any objections to a friendly law suit.
Bam Bam,
No. I meant, after the unfortunate event occurred, it may have suddenly dawned on the aunt et al. that there was a pot of gold at the end of that rainbow.
Forgotwhoiam:
I found this link…..
http://news.yahoo.com/lawyers-woman-reluctant-sue-young-nephew-breaking-wrist-195426587.html
A big problem in the US is the cost of health care which is the most expensive in the world whilst it is not at the top of the league tables. I have discussed reasons for this elsewhere.
I would have thought that a fractured wrist costing $127k is somewhat excessive. If she had won would this sum include legal costs or is that extra? I do know that legal costs are more than damages awarded and some criticism is levelled at lawyers for this.
If this an issue about medical fees this must be a common problem. The American System makes this a difficult problem to solve.
This is gonna be some Thanksgiving.
You mean the parents told the kid to charge at the aunt, full force, in an attempt to harm her and share an insurance settlement?
It may be that the family members were not adversaries but co-conspirators in an attempt to obtain an
insurance policy settlement.
Would that be criminal?
Paul C
Troubles holding a plate at a party? Do what I do: strap on a feed bag. Frees up the hands for dramatic gestures. 🙂
bam bam – what I do now is graze off of others plates.
Paul C
Correct. Absent any other facts, it is impossible to declare her monetary request excessive. From want little info was provided, she is having difficulties in conducting her day-to-day activities. Does that mean that she needs an additional operation to correct the problem? Additional physical and/or occupational therapy? Is there permanent damage? Too many questions to declare her request excessive.
bam bam – I have troubles holding a plate without a broken wrist, who can I sue and for how much?
The family, as a WHOLE, does not see a benefit. That is incorrect. The plaintiff will, undoubtedly, see a benefit in the form of money; the part of the family, whose policy is used to garner that benefit for plaintiff, will either see its premiums substantially rise as a result of this lawsuit or it will be dropped, completely, from coverage. The benefit will not extend to the policy holder, unless, of course, the aunt wishes to give away part of her money.
ExpatNJ, any damages awarded would be paid by homeowner’s liability insurance. Obviously, I have no idea as to the family relations here, but it is not unusual for the family to be in agreement as to this type of lawsuit. Recovery is from an insurance company, so the family as a whole sees the benefit. The Plaintiff argues that the child is negligent, as that is a predicate finding to a verdict in her favor but privately, everyone still gets along perfectly well. The family explains to the boy that his aunt doesn’t think he did anything wrong and it’s just a game to get money from the insurance company, and the boy learns that integrity doesn’t apply if someone else’s money is involved.
Plaintiff is exercising her Right to initiate a civil lawsuit within (presumably) the statute-of-limitations (very short in NY). Plaintiff is suing boy to recover damages from (again, presumably) boy’s mother’s estate. Only way to sue an estate with a surviving heir is to sue the surviving heir. Please correct me if I’m wrong.
It’s a dirty business, yet I ditto on all criticisms of Plaintiff and devil’s- advocates arguments.
Paul C
If so, how may one claim the amount requested and/or demanded by the plaintiff is excessive, absent all the facts?
bam bam – the only evidence we have is that she had her wrist broken.
I think it’s worth more than $40 a day to be in-jury!
This is why the Mayor of that town in the movie Blazing Saddles did not want the Irish in his town. Maybe McConnell is Scotch.
Paul C
How does one determine that the amount named in the suit is excessive? Absent information contained in medical records regarding permanent loss of use and/or impairment resulting from this accident, including any potentially required operations, etc., how do you make such a determination? Along with everyone, I cringe when I read that an aunt is pursuing a claim, such as this, against her adoring eight year old nephew. That’s not lost on me. The aunt, however, despite her love for her nephew, may not be in a position, financially, to shoulder all of the costs associated with this accident and its unintended consequences. That’s not being heartless–that’s being realistic. It’s the reference to his age and the familial link that offends our sensibilities.
bam bam – usually the jury decides what the injury is worth.
Not going to win any awards for Auntie of the Year. This boy just lost his mom, she seems to be severely short on decency.