A jury in Bridgeport, Conn., has rejected a woman's attempt to sue her then 8-year-old nephew for an exuberant greeting at his birthday party four years ago that she says caused her a broken wrist.
Jennifer Connell sued in Bridgeport Superior Court for $127,000, saying the little boy did not behave reasonably when he leapt into her arms at his 8th birthday celebration.
The six-member jury found the boy was not liable for the injury suffered by Connell, 54, of New York City, the Connecticut Post is reporting.
Earlier, Connell said the broken wrist had caused her longstanding problems.
“I was at a party recently, and it was difficult to hold my hors d’oeuvre plate,” Connell, who lives on Manhattan's Upper East Side, told a told a Connecticut jury.
“The injuries, losses and harms to the plaintiff were caused by the negligence and carelessness of the minor defendant in that a reasonable eight years 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 claims.
On Friday, the boy, now 12, appeared confused as he sat with his father in a courtroom in Bridgeport, the state’s largest city, the Connecticut Post reported. The boy’s mother died last year and a listed phone number couldn't be found for the youngster's father, Michael Terala, according to The Associated Press.
On the witness stand, Connell, a human resources manager in Manhattan, testified she loves Sean, whom she described as always being “very loving” toward her, but believes he should take responsibility for her injury.
According to testimony reported by the Post, Connell, who has no children of her own, arrived at the Tarala home in March 2011 to attend Sean’s party. When he spotted Connell, he dropped his new bicycle on the ground and ran toward her calling out, “Auntie Jen, Auntie Jen.”
“All of a sudden he was there in the air, I had to catch him and we tumbled onto the ground,” Connell testified. “I remember him shouting, ‘Auntie Jen I love you,’ and there he was flying at me.”
Although hurt, Connell told the jury, she didn’t complain at the time. “It was his birthday party and I didn’t want to upset him,” she said.
But, Connell continued, her life was turned upside down as a result of the injury.
“It has been very difficult,” the Post reported her as saying. “We all know how crowded it is in Manhattan.”
