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Woman sues nephew for $127K after she fell at his 8th-birthday pa (1 Viewer)
- Thread starter baymen
- Start date
PatsWillWin
Footballguy
I will say this - 8 years is old enough to know that you can't just jump on people, IMO.
xulf
Footballguy
Zow
Footballguy
Or maybe just unexpectedly tackled to the ground.
But the homeowners insurance did cover it. The jury just found that the kid wasn't liable.
BeaverCleaver
Footballguy
BeaverCleaver
Footballguy
Yes, that is correct. In this situation the homeowners carrier didn't cover the aunt and her medical costs.
Just because the insurer didn't have to pay doesn't mean the policy didn't provide coverage.
John Bender
Footballguy
So this is the Lawyer thread where we promise not to ruin other threads 2.0, right?
BeaverCleaver
Footballguy
Tell us how the insurer did here. She apparently sued because the homeowners insurance carrier wouldn't pay so she sued the child. Secondly, do we know if that carrier provided the defense for the homeowner? The way everything reads so far is that isn't the situation. So at this point it looks like the homeowners carrier didn't provide any coverage unless we find our they provided the defense for the child and family.
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Henry Ford
Footballguy
We are 99.9999999% certain homeowners provided the defense.
Doug B
Footballguy
When you posted this, I wondered if you meant:
a) "I see medical insurance companies take on other insurance companies in court all the time."
or
b) "I see medical insurance companies take on other insurance companies in court all the time, and elementary-school age children are often the defendant."
jonessed
Footballguy
They're like locusts. One or two attorneys can be innocuous enough, but when they start swarming everything goes to ####.
Henry Ford
Footballguy
Neither, really, but closer to a). I see medical insurance companies refuse to pay for care unless a lawsuit has been filed by the injured person against the potential tortfeasor and/or their insurance company all the time.
baymen
Footballguy
2 sides to the story:
http://www.washingtonpost.com/news/morning-mix/wp/2015/10/14/aunt-who-sued-12-year-old-says-insurance-claim-rules-forced-her-hand/?postshare=8461444916701738
A New York woman who came under fire this week for unsuccessfully suing her 12-year-old nephew after his overly enthusiastic hug left her with a broken wrist is now defending herself against her critics.
Jennifer Connell, 54, said that she was forced to sue her nephew, who was 8 years old when the accident occurred, because it was the only way to get her homeowners insurance policy to pay for the cost of her care.
Connell and her nephew Sean Tarala made a joint appearance on NBC’s “Today” show Thursday to speak out after a wild week that thrust both of them — unwittingly — into the spotlight.
“It was a complete shock to me,” Connell said. “It was amazing how I walked into court that morning and walked out all over social media.”
Connell said that the case was explained to her as a legal technicality. According to her understanding of Connecticut law, an insurance company couldn’t be named in a lawsuit, so Sean, whose excited hug accidentally left his aunt with a broken wrist, had to become the defendant.
“It sounded terrible to me, from the very beginning,” Connell said. “I was never comfortable with that.”
Connell’s injuries stemmed from a mishap at the boy’s eighth birthday party in 2011. According to the lawsuit, Sean was so thrilled so see his aunt when she arrived that he ran and jumped into her arms.
[Aunt loses lawsuit against 12-year-old nephew who broke her wrist with a ‘careless’ hug]
“Auntie Jen! Auntie Jen!” he exclaimed, according to Connell.
“All of a sudden he was there in the air, I had to catch him, and we tumbled onto the ground,” Connell testified, according to the Connecticut Post. “I remember him shouting, ‘Auntie Jen, I love you!’ And there he was flying at me.”
Connell broke her wrist and has complained that the injury has made her life more difficult. To wit, she testified in court that on a recent occasion, her injury had made it “difficult to hold my hors d’oeuvre plate” at a party.
On Tuesday, a jury in Bridgeport, Conn., declined to award Connell a $127,000 judgment against the 12-year-old. The Internet, though, awarded Connell a nickname: She was widely derided online as the “#Auntfromhell.”
On Thursday, Sean came to his aunt’s defense.
“She would never do anything to hurt the family or myself, and she loves us,” Sean said.
According to Connell’s attorneys, her insurance company offered her $1 to cover the medical bills that resulted from her injuries. She has had two surgeries so far and is potentially facing a third, they said in a statement this week.
The suit was intended to force the Taralas’ home insurance company to cover the medical bills.
“I’m certainly not trying to retire to some villa in the south of France,” Connell told CNN on Wednesday. “I’m simply trying to pay off my medical bills.”
The online derision has been “painful,” Connell told NBC. She added that people were eager to jump to conclusions without knowing the facts of the case.
Many speculated that the suit would put a rift in the familial relationship between Connell and Sean. But on Thursday, Sean himself made it clear that wasn’t the case.
“I love her, and she loves me,” Sean said.
http://www.washingtonpost.com/news/morning-mix/wp/2015/10/14/aunt-who-sued-12-year-old-says-insurance-claim-rules-forced-her-hand/?postshare=8461444916701738
A New York woman who came under fire this week for unsuccessfully suing her 12-year-old nephew after his overly enthusiastic hug left her with a broken wrist is now defending herself against her critics.
Jennifer Connell, 54, said that she was forced to sue her nephew, who was 8 years old when the accident occurred, because it was the only way to get her homeowners insurance policy to pay for the cost of her care.
Connell and her nephew Sean Tarala made a joint appearance on NBC’s “Today” show Thursday to speak out after a wild week that thrust both of them — unwittingly — into the spotlight.
“It was a complete shock to me,” Connell said. “It was amazing how I walked into court that morning and walked out all over social media.”
Connell said that the case was explained to her as a legal technicality. According to her understanding of Connecticut law, an insurance company couldn’t be named in a lawsuit, so Sean, whose excited hug accidentally left his aunt with a broken wrist, had to become the defendant.
“It sounded terrible to me, from the very beginning,” Connell said. “I was never comfortable with that.”
Connell’s injuries stemmed from a mishap at the boy’s eighth birthday party in 2011. According to the lawsuit, Sean was so thrilled so see his aunt when she arrived that he ran and jumped into her arms.
[Aunt loses lawsuit against 12-year-old nephew who broke her wrist with a ‘careless’ hug]
“Auntie Jen! Auntie Jen!” he exclaimed, according to Connell.
“All of a sudden he was there in the air, I had to catch him, and we tumbled onto the ground,” Connell testified, according to the Connecticut Post. “I remember him shouting, ‘Auntie Jen, I love you!’ And there he was flying at me.”
Connell broke her wrist and has complained that the injury has made her life more difficult. To wit, she testified in court that on a recent occasion, her injury had made it “difficult to hold my hors d’oeuvre plate” at a party.
On Tuesday, a jury in Bridgeport, Conn., declined to award Connell a $127,000 judgment against the 12-year-old. The Internet, though, awarded Connell a nickname: She was widely derided online as the “#Auntfromhell.”
On Thursday, Sean came to his aunt’s defense.
“She would never do anything to hurt the family or myself, and she loves us,” Sean said.
According to Connell’s attorneys, her insurance company offered her $1 to cover the medical bills that resulted from her injuries. She has had two surgeries so far and is potentially facing a third, they said in a statement this week.
The suit was intended to force the Taralas’ home insurance company to cover the medical bills.
“I’m certainly not trying to retire to some villa in the south of France,” Connell told CNN on Wednesday. “I’m simply trying to pay off my medical bills.”
The online derision has been “painful,” Connell told NBC. She added that people were eager to jump to conclusions without knowing the facts of the case.
Many speculated that the suit would put a rift in the familial relationship between Connell and Sean. But on Thursday, Sean himself made it clear that wasn’t the case.
“I love her, and she loves me,” Sean said.
TobiasFunke
Footballguy
SWC
Bromigo
i will tell you what seeing what she said it sure sounds to me like she got led down a prime rose path by her sharpie attorney oh dont worry this is a legal technicality you have to do this blah blah blah and now her name is mud man i wonder if the attorney took a second away from calculating how much he would make to think about whether suing an eight year old was a good idea or what this could do to the aunt if word got out does not look like it to me but hey i am just a normal guy so what in the hell do me and my common sense know take that to the bank brohans
TobiasFunke
Footballguy
James Daulton
Footballguy
Where'd the $127k come from? That's way more than just medical bills.
matttyl
Footballguy
Likely not if she didn't have medical insurance. That part is never addressed here. If she had medical insurance, why didn't it pay for her medical bills?
And if she didn't have medical insurance, then again I say this whole thing is on her.
James Daulton
Footballguy
Even with no medical insurance, hospital charges for two wrist operations (assuming both were outpatients) couldn't be more than $10k apiece. Throw in some rehab and other followup stuff and I could maybe see $50k. $127k would usually involve a multi-week stay in the ICU post operation or some kind of serial treatment like chemo or radiation.
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matttyl
Footballguy
You'd be surprised. An outpatient wrist surgery would be more than $10k easily.
I broke my wrist playing rugby in college and have had 2 surgeries to correct it - one involving taking a piece of bone out of my hip to use as a "wedge" in a bone in my wrist, and then a plate with 5 screws to hold it all in place. Keep in mind this was over a decade ago and it was multiple tens of thousands (covered by insurance).
As far as ICU costs - a family member of mine was in one for 17 days following a horse related injury in Northern VA. The stay (along with surgeries and such) was over three quarters of a mill (again, covered by insurance). I think the per night ICU cost was like $15k.
cstu
Footballguy
matttyl
Footballguy
She had an employer - the OP says she's an "HR manager". I have to imagine they offered her coverage. If she didn't accept that offer, then yes, this is on her.Such a shill.
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Ookie Pringle
Footballguy
Ditka Butkus
Footballguy
“Auntie Jen! Auntie Jen!” he exclaimed,
Is this the lady from the Wizard of Oz?
Is this the lady from the Wizard of Oz?
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Ditka Butkus
Footballguy
Why would her homeowners pay for something that happened at anothers home? Did the kids parents homeowners pay up?
=Smackdown=
Footballguy
Ditka Butkus
Footballguy
James Daulton
Footballguy
Multiple tens of thousands for wrist surgery? Did you have to stay overnight? And $15k per night for an ICU? Our hospital is like $2k.
Henry Ford
Footballguy
I did read a report that stated that her medical insurance paid some amount. I think we talked about this yesterday before my panic attack.
matttyl
Footballguy
Yes, no and yes. Especially my second surgery which involved shaving some bone off my hip and using it as a wedge in my wrist. That surgery was like 6 hours or so. That's not cheap.
And yes, I think I worked it out to about $15k per night at this "level 1 trauma" ICU for my family member. I talked about it in the Obamacare thread quite a bit. It's one of only 3 in the state I believe. While it was fully covered by her insurance (technically her parent's employer plan), it did span two calendar years so she hit both max out of pockets very quickly and insurance picked up the rest (and likely negotiated it down substantially).
TobiasFunke
Footballguy
Yeah, its really annoying how Henry Ford correctly guessed exactly what was going on here almost as soon as the OP went up, meaning anyone who read the thread with an open mind understood the situation two days before all the other people who were busy throwing hissy fits about it.This is why we make all the lawyers stay in their own thread.9 pages on this
One of these days, once they're all contained in there, we'll slowly start filling it with water.
I hate when threads give me unique information and insight from other posters!
Hang 10
Footballguy
Yeah, it's interesting that she never mentioned her own insurance coverage in her defense. Still #theauntfromhell imo.
Hang 10
Footballguy
Clifford
Footballguy
Clifford
Footballguy
Henry Ford
Footballguy
Let's not go overboard. She didn't kill the kid.
Parties are not allowed to mention insurance in trials.Yeah, it's interesting that she never mentioned her own insurance coverage in her defense. Still #theauntfromhell imo.
He did correctly guess what had happened, but somehow the lawyers still can't understand that the suit was frivolous regardless. This is pretty clearly something that should be paid by medical insurance, not homeowner's insurance. That's what makes it frivolous.Yeah, its really annoying how Henry Ford correctly guessed exactly what was going on here almost as soon as the OP went up, meaning anyone who read the thread with an open mind understood the situation two days before all the other people who were busy throwing hissy fits about it.This is why we make all the lawyers stay in their own thread.9 pages on this
One of these days, once they're all contained in there, we'll slowly start filling it with water.
I hate when threads give me unique information and insight from other posters!
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