Convicted drunk driver sues 14 yo victim's family

chanel

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Jun 8, 2009
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People's Republic of NJ
HARTFORD, Conn. — A driver who's serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim's parents, blaming them for their son's death because they allowed him to ride his bike in the street without a helmet.

Matthew Kenney's parents, Stephen and Joanne, sued 48-year-old driver David Weaving shortly after he was sentenced last year to 10 years in prison, accusing him in Waterbury Superior Court of negligence and seeking more than $15,000 in damages.

Weaving, who has a history of drunken driving convictions, responded months later with a handwritten countersuit accusing the Kenneys of "contributory negligence." He's also seeking more than $15,000 in damages, saying he's endured "great mental and emotional pain and suffering," wrongful conviction and imprisonment, and the loss of his "capacity to carry on in life's activities."

Joanne Kenney, 42, calls Weaving's claims "unbelievable." While she and her husband are paying an undisclosed amount of attorney's fees, Weaving is filing his claims for free because he's considered indigent; a judge has waived $500 in fees so far.


Read more: Driver who mowed down kid blames the parents, sues - NYPOST.com

This shit has got to stop.
 
HARTFORD, Conn. — A driver who's serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim's parents, blaming them for their son's death because they allowed him to ride his bike in the street without a helmet.

Matthew Kenney's parents, Stephen and Joanne, sued 48-year-old driver David Weaving shortly after he was sentenced last year to 10 years in prison, accusing him in Waterbury Superior Court of negligence and seeking more than $15,000 in damages.

Weaving, who has a history of drunken driving convictions, responded months later with a handwritten countersuit accusing the Kenneys of "contributory negligence." He's also seeking more than $15,000 in damages, saying he's endured "great mental and emotional pain and suffering," wrongful conviction and imprisonment, and the loss of his "capacity to carry on in life's activities."

Joanne Kenney, 42, calls Weaving's claims "unbelievable." While she and her husband are paying an undisclosed amount of attorney's fees, Weaving is filing his claims for free because he's considered indigent; a judge has waived $500 in fees so far.


Read more: Driver who mowed down kid blames the parents, sues - NYPOST.com

This shit has got to stop.

No it doesn't, we have 2 political entities that believe whole heartedly in shit like this. On the right you have Libertarians that think law suits are the way to go and almost no criminal laws at all. On the left you have the HUGE ass Lawyers faction that absolutely LOVES lawsuits. They are opposed to curtailing them in anyway, they are opposed to tort reform and to cleaning up the ignorance like this suit. Bigger the award the better.
 
I agree with chanel; there should be some standard that must be met before anyone can file a suit or countersuit. This man has lost everything and clearly has no concern whatsoever for the mental distress he is causing this family.

There should be some additional punishment, on top of dismissal of his claim, layered on for deepening the wounds he has caused.
 
HARTFORD, Conn. — A driver who's serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim's parents, blaming them for their son's death because they allowed him to ride his bike in the street without a helmet.

Matthew Kenney's parents, Stephen and Joanne, sued 48-year-old driver David Weaving shortly after he was sentenced last year to 10 years in prison, accusing him in Waterbury Superior Court of negligence and seeking more than $15,000 in damages.

Weaving, who has a history of drunken driving convictions, responded months later with a handwritten countersuit accusing the Kenneys of "contributory negligence." He's also seeking more than $15,000 in damages, saying he's endured "great mental and emotional pain and suffering," wrongful conviction and imprisonment, and the loss of his "capacity to carry on in life's activities."

Joanne Kenney, 42, calls Weaving's claims "unbelievable." While she and her husband are paying an undisclosed amount of attorney's fees, Weaving is filing his claims for free because he's considered indigent; a judge has waived $500 in fees so far.


Read more: Driver who mowed down kid blames the parents, sues - NYPOST.com

This shit has got to stop.

:rofl:

Now that's the textbook definition of chutzpah. :clap2:

Don't worry. I'm confident it will get exactly the treatment it deserves. :lol:
 
I agree with chanel; there should be some standard that must be met before anyone can file a suit or countersuit. This man has lost everything and clearly has no concern whatsoever for the mental distress he is causing this family.

There should be some additional punishment, on top of dismissal of his claim, layered on for deepening the wounds he has caused.

Unfortunately since he's indigent and pro se you can't get blood from a stone. Might just have to settle for an ass chewing from the bench. It's not enough, you're right, but empty sanctions aren't going to solve anything either.

I'm not sure about upfront standards to file a suit or countersuit, Maddy. It seems to me if there's no prima facie case in the complaint that the court will or should simply dismiss upon motion filed with the answer. All you have to do is ask.
 
HARTFORD, Conn. — A driver who's serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim's parents, blaming them for their son's death because they allowed him to ride his bike in the street without a helmet.

Matthew Kenney's parents, Stephen and Joanne, sued 48-year-old driver David Weaving shortly after he was sentenced last year to 10 years in prison, accusing him in Waterbury Superior Court of negligence and seeking more than $15,000 in damages.

Weaving, who has a history of drunken driving convictions, responded months later with a handwritten countersuit accusing the Kenneys of "contributory negligence." He's also seeking more than $15,000 in damages, saying he's endured "great mental and emotional pain and suffering," wrongful conviction and imprisonment, and the loss of his "capacity to carry on in life's activities."

Joanne Kenney, 42, calls Weaving's claims "unbelievable." While she and her husband are paying an undisclosed amount of attorney's fees, Weaving is filing his claims for free because he's considered indigent; a judge has waived $500 in fees so far.


Read more: Driver who mowed down kid blames the parents, sues - NYPOST.com

This shit has got to stop.

I read in the paper here that it was his parents suing the parents of the killed child...and it was more of a counter suit.

Interesting that we get two stories.
 
ho insurance will settle this suit out of court...it will not be dismissed...my guess is the suit will be based on a simple stat...80% or so of fatal head injuries on bikes can be prevented by use of a helmet.

people put bike helmets on your kids and yourself....use them when skiing etc...helmets prevent FATAL head injuries
 
Why would any respectable lawyer even accept that case?

There doesn't appear to be a lawyer involved in the countersuit. It doesn't say for certain, but I can't imagine any attorney filing a handwritten piece of paper as a formal complaint.
 
ho insurance will settle this suit out of court...it will not be dismissed...my guess is the suit will be based on a simple stat...80% or so of fatal head injuries on bikes can be prevented by use of a helmet.

people put bike helmets on your kids and yourself....use them when skiing etc...helmets prevent FATAL head injuries

Nah, the perp's countersuit will be dismissed out of hand. He's already been found responsible for the death beyond a reasonable doubt in court. That conviction and every piece of testimony and evidence used in it is admissible as evidence against him in a civil case for the same action. He can't blame the victim in a civil suit now.

If he had any assets or an attorney, the victim's family would probably be able to get sanctions. As it is, he's indigent and not represented. So I doubt there's much the court can do but laugh at him and tell him to stuff it.
 
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Maybe the judge can do a contempt citation and add on six months?

Contempt is reserved for disobeying the Court. As bad as this is, I can't imagine the court included a ban against filing idiotic claims against the victim's family in his sentencing. If for some reason they did happen to do that, it would work.
 
HARTFORD, Conn. — A driver who's serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim's parents, blaming them for their son's death because they allowed him to ride his bike in the street without a helmet.

Matthew Kenney's parents, Stephen and Joanne, sued 48-year-old driver David Weaving shortly after he was sentenced last year to 10 years in prison, accusing him in Waterbury Superior Court of negligence and seeking more than $15,000 in damages.

Weaving, who has a history of drunken driving convictions, responded months later with a handwritten countersuit accusing the Kenneys of "contributory negligence." He's also seeking more than $15,000 in damages, saying he's endured "great mental and emotional pain and suffering," wrongful conviction and imprisonment, and the loss of his "capacity to carry on in life's activities."

Joanne Kenney, 42, calls Weaving's claims "unbelievable." While she and her husband are paying an undisclosed amount of attorney's fees, Weaving is filing his claims for free because he's considered indigent; a judge has waived $500 in fees so far.


Read more: Driver who mowed down kid blames the parents, sues - NYPOST.com

This shit has got to stop.

You can't deny someone access to the Court system. But the Judge can dismiss the case and sanction him for a frivolous suit.... including making him pay for the other side's attorneys....

and the judge should do just that.

This guy deserves to be bitch slapped. Seriously.
 
HARTFORD, Conn. — A driver who's serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim's parents, blaming them for their son's death because they allowed him to ride his bike in the street without a helmet.

Matthew Kenney's parents, Stephen and Joanne, sued 48-year-old driver David Weaving shortly after he was sentenced last year to 10 years in prison, accusing him in Waterbury Superior Court of negligence and seeking more than $15,000 in damages.

Weaving, who has a history of drunken driving convictions, responded months later with a handwritten countersuit accusing the Kenneys of "contributory negligence." He's also seeking more than $15,000 in damages, saying he's endured "great mental and emotional pain and suffering," wrongful conviction and imprisonment, and the loss of his "capacity to carry on in life's activities."

Joanne Kenney, 42, calls Weaving's claims "unbelievable." While she and her husband are paying an undisclosed amount of attorney's fees, Weaving is filing his claims for free because he's considered indigent; a judge has waived $500 in fees so far.


Read more: Driver who mowed down kid blames the parents, sues - NYPOST.com

This shit has got to stop.

I read in the paper here that it was his parents suing the parents of the killed child...and it was more of a counter suit.

Interesting that we get two stories.

It is a counter suit. But he's an adult, alive, and apparently semi-functional if only barely and in a tree stump kind of way. The parents or other next of kin cannot sue on behalf of an adult unless they have legal guardianship. All claims belong to the individual, period.

The custodial parents of a minor, on the other hand, are the people who have the right to sue on the child's behalf because they are automatically the legal guardians.
 
I'm surprised to see so many "conservatives" complaining about this.

I guess it must be an exception to their usual blame the victim mantra. *shrug*
 

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