Monday, April 6, 2009
Elementary Teacher Sues Eight-Year-Old Boy For Running Recklessly for Ice Cream
Prof. Jonathan Turley reports today that Rosanna Tomack, a former New York teacher’s aide, is suing a student from her Queens grammar school for running into her with an ice cream cone in the halls. The boy, Joseph Cicack, was eight years old at the time. He is now an eleven-year-old torts defendant. The report states, in part: "Tomack, 62, insists that the kids were specifically told not to run for ice cream and that eight-year-old Joseph didn’t follow the rules. Imagine that. An eight-year-old boy ran for ice cream. Tomack was injured by the fall and required surgery on her back. However, if the standard is a reasonable eight-year-old in the presence of ice cream, I (with for kids ten and younger) would volunteer as an expert. My conclusion (free of cost)? There is no such thing as a reasonable eight-year-old boy — particularly in the presence of ice cream. Chakmakian said the suit was aimed at recovering damages from an insurance policy that covers his parents’ home. Tomack’s lawyer, Edmond Chakmakian, insists that “It’s a legitimate case,” Chakmakian said. “It’s not silly.” In New York, an eight-year-old can be sued for torts."