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10-year-old cyclist off the legal hook after jogger runs into rear wheel

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Old 03-31-18, 10:59 AM
  #26  
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Originally Posted by rydabent
---jogging into the back of a bike is just plain nuts.
Pretty much sums it up.
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Old 03-31-18, 11:18 AM
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Seems like a simple "Good morning ladies I'll be passing on your right (or left ), have a good ride" would have avoided the whole situation.
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Old 03-31-18, 11:21 AM
  #28  
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Originally Posted by asmac
The jogger was injured when he ran into the girl's rear wheel when she and her friends were riding three-abreast against traffic.


Kamloops man sues 10-year-old girl after jogging into her bike | CBC News
You beat me to it and I just posted about the same thing.
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Old 03-31-18, 11:52 AM
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How does a person, presumably in possession of all of their faculties, jog into the back of a bicycle... and then sue the 10-year-old on the bike? That would be like running into a parked car and suing the owner for parking on the street. How fast was this dude going that he fell on his shoulder hard enough to require surgery? I don't get it.

(from another article)
Scordo (Perilli's attorney) said neither he nor his client was concerned about the public perception of suing a 10-year-old and her grandparents, noting they ensured the defendants had insurance coverage before filing the claim.

“We weren’t trying to squeeze a 10-year-old out of her piggy bank.”


Oh, well now I get it.
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Old 03-31-18, 03:06 PM
  #30  
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Originally Posted by DrIsotope
How does a person, presumably in possession of all of their faculties, ...
See how you answered your own question.
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Old 03-31-18, 03:09 PM
  #31  
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Originally Posted by DrIsotope
(from another article)
[I]Scordo (Perilli's attorney) said neither he nor his client was concerned about the public perception of suing a 10-year-old and her grandparents, noting they ensured the defendants had insurance coverage before filing the claim.
Sounds like the insurance company might have cause for a fraudulent claim against
Perilli.
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Old 03-31-18, 06:31 PM
  #32  
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Originally Posted by KraneXL
Which is why he made an attempt to get around the group. Those kids that were blocking the sidewalk. I suppose you've completely ignored the fact they they were blocking the whole sidewalk and the edge of the road. Two on the sidewalk, one on the road. Do you consider this to be acceptable social behavior?
Said like a true California motorist who thinks everyone driving 10 mph OVER the speed limit is blocking the whole freeway.

The kids were traveling at a speed reasonable for a 10 year old on a bicycle. Adult should have waited until it was safe to pass giving the girl at least 3 feet. That is what is expected of cyclist behind walkers on a MUP.
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Old 03-31-18, 10:48 PM
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Originally Posted by Hoopdriver
Wrap up: Kids are usually unpredictable and adults often don't exercise good judgement. When these qualities converge to an adverse outcome it's a good "no call". The judge got it right.
The judge was being safe, and I suspect politically correct. But my argument isn't about the court decision, rather, the quality of present day parenting: Were these kids innocent? No, they were blocking the sidewalk. Was one of them riding in the road against traffic? Yes. Regardless of the court's judgment, these are still two examples of unacceptable social (and illegal) behavior.

What do you think these girls learned from this experience? Do you think realize they were doing something wrong and will ride more responsibly from now on? Or will the court's judgement give them a sense of entitlement that will it affect them later on in life? Even the world's worst criminals started out as kids at one point.
Originally Posted by bluetape
Also consider that this took years. Maybe it didn't consume the family's life or anything, but it was at least part of the dinner table discussion, for a tiny accident involving a ten-year old child. Suing a ten-year old over a bike accident is absolutely insane no matter which way you spin it. Just because you can, doesn't mean you should.
What about the kid that sues his parents? Can a 10 year old sue you? The suit is about right and wrong. The recompense is the responsibility of the parents. Also, surgery is a "tiny accident?"

Last edited by KraneXL; 03-31-18 at 10:53 PM.
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Old 03-31-18, 10:55 PM
  #34  
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Originally Posted by KraneXL
Even the world's worst criminals started out as kids at one point.
Wait. So what you're saying here is, all adults were at some point children? Inconceivable!

I mean, if it turns out to be true, this girl getting off scott free could well be the nudge that sends her down to path to a life of super villainy! Today, knocking down joggers! Tomorrow, poisoning the water table!
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Old 03-31-18, 11:05 PM
  #35  
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Originally Posted by DrIsotope
Wait. So what you're saying here is, all adults were at some point children? Inconceivable!

I mean, if it turns out to be true, this girl getting off scott free could well be the nudge that sends her down to path to a life of super villainy! Today, knocking down joggers! Tomorrow, poisoning the water table!
What do you think?
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Old 03-31-18, 11:25 PM
  #36  
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I think in 7-10 years, the residents of Kamloops should probably get the well water tested, just to be safe. This is super villainy we're talking about. Can't be too cautious.
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Old 04-01-18, 12:13 AM
  #37  
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Originally Posted by DrIsotope
I think in 7-10 years, the residents of Kamloops should probably get the well water tested, just to be safe. This is super villainy we're talking about. Can't be too cautious.
Well at least you recognized my perspective. For a moment I was beginning to think I was the only one awake during all those psych lectures. This case was merely a convenient tool for my rant.
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Old 04-01-18, 02:49 AM
  #38  
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Originally Posted by KraneXL
Well at least you recognized my perspective. For a moment I was beginning to think I was the only one awake during all those psych lectures. This case was merely a convenient tool for my rant.
Well, that at least explains your far out post.
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Old 04-01-18, 03:08 AM
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So .... KraneXL still feels really bad about that jogger he knocked down 37 years ago .... and he doesn't want to see other end up like him.

A truly compassionate heart.
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Old 04-01-18, 05:59 AM
  #40  
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Originally Posted by KraneXL
But my argument isn't about the court decision, rather, the quality of present day parenting:
Present day (helicopter) parenting is ruining kids by taking away their ability to understand risk vs. consequence, which in turn affects their ability to make good decisions. They then turn into adults that do stupid things, like run into the back of a kid's bike and then blame the kid for it.
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Old 04-01-18, 06:14 AM
  #41  
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Originally Posted by KraneXL
The judge was being safe, and I suspect politically correct. But my argument isn't about the court decision, rather, the quality of present day parenting: Were these kids innocent? No, they were blocking the sidewalk. Was one of them riding in the road against traffic? Yes. Regardless of the court's judgment, these are still two examples of unacceptable social (and illegal) behavior.

What do you think these girls learned from this experience? Do you think realize they were doing something wrong and will ride more responsibly from now on? Or will the court's judgement give them a sense of entitlement that will it affect them later on in life? Even the world's worst criminals started out as kids at one point.What about the kid that sues his parents? Can a 10 year old sue you? The suit is about right and wrong. The recompense is the responsibility of the parents. Also, surgery is a "tiny accident?"
Your reasoning here is just about level with a ten-year old's...okay, maybe eleven, from my 20+ years of of teaching experience--simplistic, highly moralistic, and slightly sanctimonious. If indeed it were from an eleven year-old, I would applaud it. But I assume you're a grown-up.

Taking riding on the sidewalk and wrong way on a deserted one-way street to be a commentary on 'the quality of present-day parenting' is a leap of quantum proportion. Again, something that a typical ten year-old does.

You presume to know what the judge is thinking, what the girl and her family has experienced, how she was raised, how this experience has affected her, and how she will behave in the future from this one article, which you apparently didn't even read, but somehow felt you needed to 'rant' about it here on a public forum.

Truly staggering...and not in a good way.
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Old 04-01-18, 08:17 AM
  #42  
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At one time, for a year, my twins were 10 years old. Sometimes they did the unexpected, regardless of how they were parented.
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Old 04-01-18, 08:28 AM
  #43  
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Originally Posted by CB HI
Sounds like the insurance company might have cause for a fraudulent claim against
Perilli.
What fraud?

You seem to think the choice is between suing everybody or suing no one.



One has to have a case (the merits of which are determined in court) and the possibility of recovering something.

Civil cases are never brought if it's clear that recovering damages is not possible.

It wouldn't make much sense to sue a homeless person without assets.

It might not make sense to sue people with some assets especially if one isn't interested in bankrupting them.
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Old 04-01-18, 08:36 AM
  #44  
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Originally Posted by rydabent
But-------------jogging into the back of a bike is just plain nuts.
Originally Posted by Maelochs
Pretty much sums it up.
Originally Posted by DrIsotope
How does a person, presumably in possession of all of their faculties, jog into the back of a bicycle... and then sue the 10-year-old on the bike?
people keep saying this but it doesn't seem like that's quite what happened.

I have no idea whether that's because these people didn't read the article or don't understand the simple words used in the article.

The girl also testified that when she looked back again, the jogger had fallen behind. No longer expecting him to overtake them, she moved back into her spot farther from the sidewalk.

That's when Perilli struck her back wheel, causing him to fall and injure his shoulder severely enough that he later required surgery.

Last edited by njkayaker; 04-01-18 at 09:01 AM.
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Old 04-01-18, 08:49 AM
  #45  
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What the girl has learned is that there will be road ragers who will try to push her off the road.

She will grow up to be a good defensive cyclist.
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Old 04-01-18, 08:55 AM
  #46  
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Originally Posted by CB HI
Well, that at least explains your far out post.
Now, now I know its a typical human response but lets not criticize things because we don't understand them. Ask for explanation. That way you can leave smarter than when you came in.
Originally Posted by mcours2006
Your reasoning here is just about level with a ten-year old's...okay, maybe eleven, from my 20+ years of of teaching experience--simplistic, highly moralistic, and slightly sanctimonious. If indeed it were from an eleven year-old, I would applaud it. But I assume you're a grown-up.
Read any parenting books lately? Despite the huge quantity of information on the subject most people do a terrible job of it. How is your student/parent experiences?

Taking riding on the sidewalk and wrong way on a deserted one-way street to be a commentary on 'the quality of present-day parenting' is a leap of quantum proportion. Again, something that a typical ten year-old does.
Would that be an acceptable excuse to you from the parents if that typical 10 year old puts a baseball through your car window?

You presume to know what the judge is thinking, what the girl and her family has experienced, how she was raised, how this experience has affected her, and how she will behave in the future from this one article, which you apparently didn't even read, but somehow felt you needed to 'rant' about it here on a public forum.

Truly staggering...and not in a good way.
Did you know that people make assumption on behavior everyday? Some scientific, others prejudicial? I still remember a fellow classmate telling me once you don't have to read the chapter only the summary to pass the class, never realizing all the information she was missing.

Last edited by KraneXL; 04-01-18 at 09:03 AM.
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Old 04-01-18, 09:01 AM
  #47  
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Genuinely dizzying intellect at work here.
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Old 04-01-18, 09:55 AM
  #48  
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Originally Posted by njkayaker
people keep saying this but it doesn't seem like that's quite what happened.

I have no idea whether that's because these people didn't read the article or don't understand the simple words used in the article.

"The girl also testified that when she looked back again, the jogger had fallen behind. No longer expecting him to overtake them, she moved back into her spot farther from the sidewalk.

That's when Perilli struck her back wheel, causing him to fall and injure his shoulder severely enough that he later required surgery."
HE, ran into HER. Her placement at the time of the incident is insignificant, and the severity of his fall is inconsequential. It doesn't matter if he careened off of her wheel and fell over a bridge railing, plummeting a thousand feet into a raging river. Ignoring the relative modes of transport, the girl got rear-ended. The fault falls on the party with the clearest line of sight.

The whole affair is absurd.
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Old 04-01-18, 10:04 AM
  #49  
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I think the point is to give oneself a buffer... and be able to stop, side-step, swerve, etc.

Was there traffic on the road? If not, why not just give the kids 5' of clearance?

The problem here is the wish to blame someone else for one's self-inflicted injuries.

A 10 year old looking behind herself... I bet just looking caused her to swerve.
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Old 04-01-18, 10:46 AM
  #50  
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He had literally an entire width of roadway---probably 20 feet---to use to pass One Ten-Year-Old Girl on a bike.

What was he doing anywhere near here to begin with?

If he had been using the three-foot rule this wouldn't have happened.

Also ... he should have been passing On the Left.

he tried to squeeze past the girl ... instead of going around her ... and Ran Into Her.

Literally.

No way to see this where he doesn't look to stupid to be let loose on the street ... and then suing the ten-year-old that he hit? He shouldn't be allowed out of a cell ... or a septic tank.

if he had been on a bike ... whose fault?

If he had been in a car ... whose fault?

he was not using the roadway in a safe fashion given the conditions of the time. Failure to use car and caution in passing.

Whatever.

Sometimes people cannot step back and consider what others are saying and rethink their own positions ... they just plug their ears and scram "I'm Right! I'm right!"

When those people are also people who tripped over a ten-year-old and then tried to sue said ten-year-old ... they are despicable.

But I am not saying anything about the people who defend the despicable ....

How's the weather in Kamloops?
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