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A US woman has failed in her bid to sue her 12-year-old nephew for breaking her arm with an over-enthusiastic hug at his birthday party four years ago.
The aunt, Jennifer Connell, claimed her nephew acted unreasonably when his exuberant greeting caused her to fall and break her wrist in 2011, the Westport News reported from the courthouse on Monday.
He had been riding his first two-wheeled bicycle – which was bright red, according to testimony – around his home.
When Ms Connell arrived, he dropped it and ran to her.
“I remember him shouting, ‘Auntie Jen, I love you!’ and there he was flying at me,” Ms Connell is quoted as saying in court.
Damages
The aunt, who was seeking $127,000 in damages, told the court that she had found it “difficult to hold my hors d’oeuvre plate” at a recent party.
The jury members reportedly took just 25 minutes to come to their decision, according to the New York Daily News.
“We do not take great pleasure in bringing a minor to court,” the aunt’s lawyer, William Beckert said. “She is not here enjoying a moment of this.”
He said that the nephew, who was eight at the time of the hug, “should have known better”.
“We have rules for children,” the lawyer said. “He was not careful. He was unsafe.”
Agencies/Canadajournal
