Did Justice Prevail in the Case of the Dr Vs. The 11-Year Old Skater?
The Verdict is Finally In
Dr. Alexander Dlugi had sued student Lauren Ellis for loss of income and pain and suffering that was the result of a bike/skate collision between the two in 2003 when Ellis was only 11 years old. For a complete run-down on the story, see the original article here.
This was a story that had many people in outrage at the sheer absurdness of it all. The American public questioned the validity of the case and whether or not the doctor actually had legal bearings to sue the little girl. Even one juror stated that he was surprised the case had been taken this far. Presumably Dlugi was seeking damages against the parent's homeowner's insurance- in the event that it could be proven Ellis was at fault for the incident.
Many questions came into play during this case:
- Is an 11-year old legally responsible for their actions in a case such as this?
- Who legally had the right-of-way; the cyclist or the pedestrian?
- Is the girl still considered a pedestrian if she was on in-line skates?
- How can Ellis be responsible for his injury not healing "properly or quickly"?
- What about the mental stress and anguish he has caused her over the last four years?
In addition to the technical and legal questions were the moral and social questions that arose during this case. Many people have asked "What happened to the days when an accident was just that -an accident?" Others state that the doctor was just out for money, any way he could get it. Still a few side with the doctor and say that even children should be responsible for their own actions. Regardless of how people feel in their hearts or how silly many believed the entire lawsuit to be, Dlugi would have his day in court and it would be up to a jury to determine the outcome.
Many experts agreed that the cyclist should always be responsible when they are the overtaking party and they can not expect others to understand the meaning of their warning or bell. Experience on a bike will show you that you can never be certain of what another person will do in response to you approaching and you can only be certain of your own actions. An accident expert was brought in to study and re-enact the incident and his findings were also that Ellis was not at fault for the accident.
After closing arguments were heard, the Morris County civil jury deliberated for only 15 minutes today and ruled in favor of the teenager. The jury agreed that Ellis was not responsible or at fault for the accident that happened on Sugar Maple Row that October day.
Because Ellis was ruled not to be at fault, Dr. Dlugi will not receive any damages from the lawsuit. Lauren Ellis was in court today with her parents when the verdict was read. She can now try to put this whole incident behind her. The DAILY RECORD reports that Ellis now "sticks to roller-blading in her own driveway, not on the street."
Dlugi was not present in court when the verdict was read; his attorney said he was in surgery.
The DAILY RECORD will report more on the story tomorrow.
Resources: "Jury rules for girl in bike-skate crash" by Peggy Wright, Daily Record
Published by Lisa Mason - Featured Contributor in Technology
Lisa Mason is a freelance writer and social media marketer with more than 10 years of experience. As VP of Special Media for Social Media Sun, she makes sure that readers have access to the most relevant and... View profile
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20 Comments
Post a CommentI think the jury got it right here. Everywhere I have ever lived the laws say bikes are on the road and not sidewalks. And he not only rang his bell he yelled at the child so of course she was spooked. What I don't understand is why the doctor didn't use his own insurance instead of putting the child and her family through all this. Great article!
I'm with theBarefoot - the man should have been riding in the street like a grown-up. She should counter-sue and wipe him out! Or they should make up over some hot chocolate. That would make more sense than anyone "winning" a suit over this incident.
The only real winners are the lawyers. Always. Thanks for the follow-up story.
I think the kid may have a counter suit. After all what what a grown man doing on the sidewalk on a bicycle? Aren't cyclist supposed to ride on the street?
The man was obviously deluded to think he even could win this case. Good job on the article.
BOOYAH Biatch!! That what I have to say to that demented "doctor". He's a certified nut. It's nice to know that in the end, justice previals for little Ellis. Way to go, and great article :)
What a strategically-scheduled surgery the doc was undergoing... LOL, Amy--a good ass-kicking indeed!
You know, for being so ridiculous and going after a child - I wonder if his reputation will suffer?
There you have it, yet another black eye for the American Legal System. This is yet another shining example of the everyday abuses of teh American Legal System... It is still the best legal system in the world, however we should look at maybe making some adjustments, Tort Reform being one of them.
Wow, what an outragous case. That a doctor could sue an 11-year-old girl is insane. He's just lucky her family didn't turn around and counter-sue him. I'm glad that justice did in fact prevail in this case.