In the rush to give his Aunt Jennifer a birthday hug, 8-year-old Sean accidentally broke her wrist. Afterwards Jennifer Connell sued her nephew for $127,000 in damages. And now 4 years later, a Connecticut jury has taken just 25 minutes to decide that Sean, now 12, whose mother died last year, isn’t liable.
“He’s a great kid. He’s got nothing to do with this,” Sean’s attorney Thomas Noniewicz said, according to New York Daily News.
The 54-year-old claimed her wrist was broken when Sean suddenly jumped into her arms on his birthday in March 2011. He’d been riding his first 2-wheeled bike moments before around his home.
When his aunt arrived, he dropped it and ran to her. “All of a sudden, he was there in the air, I had to catch him and we tumbled onto the ground,” Connell testified. “I remember him shouting, ‘Auntie Jen, I love you!’ and there he was flying at me.”
Her lawyer argued that the 8-year-old “should have known better.”
“We have rules for children,” the lawyer continued. “He was not careful. He was unsafe.”
After the accident, Connell said her nephew ruined her social life by making it “difficult to hold my hors d’oeuvres plate.” She also claimed the injury made it difficult for her to walk up to her third-floor apartment and get around Manhattan.
Sean’s family have declined to comment on the case.