Age Does Matter…

Six-year-old Will was crossing the street with his older brother when he was struck by a moving vehicle. Wayne was airlifted to Children’s hospital and was treated for a punctured lung, a lacerated liver, and several broken bones. The defendant driver claimed that Wayne had entered the street illegally and that they were unable to stop in time to avoid hitting him. Wayne’s brother claimed that the defendant driver was talking on a cell phone and not paying attention. So, who was liable? That’s the question that led Wayne’s father to call the Law Offices of Dianne Sawaya.

After meeting with Wayne and his father and hearing Wayne’s story, Dianne knew she had to help. Dianne immediately agreed to take the case and started searching for anything that would help Wayne and his family find justice. It turned out that because Wayne was only six years old, he could not be held liable due to a precedent set back in 1967 during the Benallo v. Bare trial. The Benallo v. Bare case ruling reads, “We believe it is desirable at this time to adopt a specific rule on the problem involved here. We hold, therefore, along with those jurisdictions previously cited, that a child six years of age or younger is incapable of being contributorily negligent.”

After presenting the Benallo v. Bare case ruling to the defendant’s insurance company, it didn’t take long for them to concede to a settlement of policy limits totaling $25,000. Dianne was also able to negotiate a $100,000 settlement from Wayne’s parent’s insurance company by utilizing the underinsured motorist coverage they had purchased as part of their auto policy.

If your child has been injured in an accident, let us fight for your family by calling the Law Offices of Dianne Sawaya at (303) 758-4777 today and scheduling a free consultation with Dianne. We even offer free in-home consultations if you can’t come to us!

Settlement: Policy limits, totaling $25,00 from the defendant’s insurance, $100,000 settlement from utilizing the underinsured motorist coverage.