Believe it or not, a New York woman is taking a 12-year old to court for breaking her arm with an overzealous hug.
He may just have been too happy to see her!
Regardless, Jennifer Connell is suing the pre-teen for six figures thanks to his "negligence" and "careless" behavior. She recalls the 12-year old who was 8 at the time, broker her wrist when he jumped at her, giving her an "exuberant" hug.
Connell is seeking $127,000 from her nephew, Sean Tarala. Connell recounted the incident in a Bridgeport, Connecticut court on Friday. Sean was described as looking confused in the Main Street courtroom as he sat with his dad, Michael Tarala.
According to Connell's testimony, Sean was riding a new two-wheeler for his birthday when she arrived at his 8th birthday party in 2011. Upon spotting her, he dropped the red bike on the ground, screaming "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 said. "I remember him shouting, 'Auntie Jen I love you,' and there he was flying at me."
The 54-year old plaintiff who lives in the Upper West Side of New York City claims her broken wrist has made her daily routine quite difficult.
"I live in Manhattan in a third-floor walk-up so it has been very difficult," she said. "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," she added.
This may have been the final straw for one juror who reportedly wrinkled her nose at the excuse. As Connecticut Post reports, that juror who declined to be identified said, "We just didn't think the boy was negligent."
After 20 minutes, the jury ruled Connell would be receiving nothing for her civil claim against Sean.
Quinnipiac University law professor William Dunlap said in civil cases that involve children, like this one, the jurors are told to view children as children, not as "reasonable" adults, meaning "the child is not required to conform his behavior to the way a reasonable adult is expected to behave."
However Judge Edward Stodolink advised the jury to consider how a "prudent" 8-year-old boy would act when his aunt arrived at his birthday party.
Surprisingly, upon hearing the verdict Connell wore a smile, as she had through much of the case, recounts Connecticut Post.