11-year-old Lauren Ellis was inline-skating down her street in Chester Township, N.J., one afternoon when a bicyclist approached her from behind, rang his bell and shouted “watch out”. Was she responsible, by her startled reaction, for the resulting collision, which broke the cyclist’s collarbone? Unluckily for young Ms. Ellis, the bicyclist happened to be a “prominent fertility doctor” named Alexander Dlugi who says he had to miss work as part of recovering from the mishap. (Peggy Wright, “Doctor sues girl, 11, over inline-skating collision”, Morristown Daily Record, Mar. 1). Update Mar. 6: jury returns defense verdict.
Inline skater-bicyclist collision
11-year-old Lauren Ellis was inline-skating down her street in Chester Township, N.J., one afternoon when a bicyclist approached her from behind, rang his bell and shouted “watch out”. Was she responsible, by her startled reaction, for the resulting collision, which broke the cyclist’s collarbone? Unluckily for young Ms. Ellis, the bicyclist happened to be a […]
11 Comments
This doctor is just getting ripped across the net. Questions someone should have asked before filing this lawsuit:
Since when did a minor child become responsible for their actions? Especially above the actions of an adult five times her age? Since when does a bicycle have right of way over a pedestrian? Since when did a vehicle approaching from behind have the right of way period?
From the dailyrecord.com:
“He broke his collarbone when he tumbled from his bike. His attorney, Thomas Jardim, said the doctor’s injury did not heal properly or quickly, so he underwent surgery in February 2004, and missed a significant amount of work and income.”
So the biggest question, why isn’t the good doctor suing the person who obviously mistreated his injury? Guess that will come after he really starts to lose income over the negative reaction from filing this suit. Then he will probably sue his lawyer for allowing him to sue the little girl in the first place. With just a little more effort Dr. Delusional could wind up a poster boy for tort reform.
Contrary to popular opinion, blowing an automobile horn or ringing a bicycle bell does not require anybody to get out of your way.
A friend calls it the evaporate button as the horn blower expects everybody and anybody in their way to instantly evaporate.
While I agree that this is absurd, a couple of issues need to be addressed. First. Are there any laws giving bicyclists automatic right of way? Second. Since the girl was on skates, is she really a pedestrian? Third are there any laws banning skates or skateboards where the accident took place? Last but not least. What is the girl’s familys financial status and are there any insurance policies that might be made to pay? This doctor’s lawyer seems to think that he’s going to get some money frome someplace, otherwise why file the lawsuit?
I looked up his web site. My revulsion is absolute.
It is common practice for cyclists to ring a bell or cry a warning when overtaking a slower-moving cyclist, rollerblader or pedestrian.
That said, it’s a courtesy – not an “evaporate button,” as Charlie B referenced. I hardly think an 11-year-old rollerblader should be liable under these circumstances. I think any duty of care should rest with the overtaking bicycle.
In fact, I started to question why this went to the jury at all, but then I saw that the suit is in New Jersey.
Basic Speed Law. The “doctor” hit her. She should be suing him.
The cyclist is always responsible for the safety of the person he is overtaking. Cyclists know that they can never count on the person they are passing to understand the meaning of their bell. Experience on a bike will show that you never know how someone will react. This is a disgusting case of litigiousness.
From the good doctor’s website
Dr. Dlugi has 20 years of experience in Infertility
He must not be very good if he hasn’t been able to fix his own problem in 20 years.
As a former biker all over New York City and now in L.A., I have always assumed that everybody else — pedestrians, people in cars, people on skates — will do something ass-hattish at any moment. It’s kept me accident-free all these years. I believe other experienced bikers (and relatively intelligent people) think accordingly.
It is a great story, with, I see a good outcome. I am a physician and a cyclist, and as mentioned above I always assume that someone in front of me will react in a way that could harm me.
I wonder if in this gentleman’s role as a physician he whines about frivolous Malpractice suits clogging up the system, when his action raises all of our home owner’s insurance? Just a thought
A big guy crashes into a little girl, and he wants people to know? Most people would be glad to keep it quiet and hope nobody really noticed.
Too bad we have no system for requireing notice to potential patients of such lapses of judgement (lawsuit stupid, accidents happen). I prefer doctors who are not foolish.