Appelhans v. Mcfall

757 N.E.2d 987 (2001)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was 66 and walking along a rural road with no sidewalk when five-year-old D collided with her while he rode his bicycle. P fell and suffered a fractured hip. It was daylight outside, the pavement was clear and dry, and no other pedestrians, automobiles, or bicyclists were present. The roadway in the area was straight and flat. P alleged D's parents negligently failed to (1) instruct their son on the proper use of his bicycle, or (2) supervise him while he rode his bicycle on a public roadway because they knew or should have known that his youth would prevent him from considering the safety of pedestrians. P alleged that her injuries were proximately caused by the parents' failure to supervise their son or teach him how to use his bicycle properly. In count II, P generally asserted that D negligently caused the collision. Ds filed a motion to dismiss. The trial court granted the motion, concluding that D's youth rendered him incapable of negligence and P failed to allege specific facts that would have put D's parents on notice that he might ride his bicycle negligently. P appealed.