Wednesday, November 3, 2010

Child on Trial

1. Read the following article: Child Sued for Negligence


2. In your comment, complete each of the following steps. Label each step:
       Note: Address either step a1) OR a2).
      Step a1) In a one to two paragraph thoughtful analysis, explain the basic facts of the situation and the potential outcomes that may result. This step should be in third person POV and identify different elements of logos, ethos, and pathos.  

     Step a2) Create a chronological cause and effect chart of all of the different actions completed as described in the article. Conclude with an overall "so what?" statement at the conclusion of your chart.
        *Everyone: 
      Step b) Assume the persona of one of the following personalities: the 4 year old girl, Juliet Breitman; her mother, Dana Breitman; the elderly woman, Claire Menagh; the judge, Justice Wooten; or Juliet's lawyer, James P. Tyrie. Write a creative and informative 500 word journal entry (mostly like in first person POV) describing the bicycing accident as it happened from his or her perspective. You may also choose to write about the pending trial from one of the character's POV. Please use your imagination, but base your journal entry on actual facts from this article.
       Word of caution: You may want to do this in a Word Document or Google Docs first and save it. This may end up being too long for a single comment; therefore, you might need to post one or more comments.
           *Deadline: Monday, November 8th at midnight  


3. Respond to at least two of your classmates' comments by completing the following steps:
      Step a) Comment one person who did the same step as you and another who chose the opposite. Find one thing that this person did really well and another that could be improved upon - be specific.
      Step b) For those same people, constructively give three pieces of feedback on their journal entry. At least one pieces must be kudos.
      Step c) End your comment with a question about this blog and/or their work on this blog for the writer to consider. 
            *Deadline: Friday, November 12th at midnight

48 comments:

  1. Step A2): Cause1: Dana Breitman and Rachel Kohn decided to let their children ride their bikes. Effect1: They rode on the sidewalk of a building on East 52nd Street. Cause2: Juliet Breitman and Jacob Kohn decided they were going to race. Effect2: They raced on the sidewalk of a building on East 52nd Street Cause3: Claire Menagh was walking in front of the building. Effect3: The children ran Claire Menagh. Cause4: Claire Menagh was severly injured with a hip fracture that required surgery. Effect4: Claire Menagh sued the children and their mothers, claiming they had acted negligently during the accident. So what if she got hurt it was an accident kids being kids theirs no need for a lawsuit, the matter could be dealt with outside of court.

    Step B):My name is Dana Breitman I am Juliet Breitman’s mother.When I woke up that Saturday I thought it was a nice and sunny day as they all are, or so I thought I had no idea of the events to come.I decided to take Juliet to the park, because she had recently gotten a new bike for he birthday but had not had a chance to ride it, because I had been so busy with work. Since it was the weekend I thought why not? I did not want Juliet to be alone so I called my friend Rachael and told her that I would be taking Juliet to the park and if her and her son Jacob would like to join us. She agreed to join us so I told her to make sure that Jacob brought his bike because I thought it would be a good idea to let the kids ride their bikes while we walked to the park, Juliet knows how to ride a bike, but still has not learned how to use the brakes she is constantly running into things, I felt that today was going to be no different. As for Jacob he was good at riding bikes, but his brakes malfunctioned from time to time.When they made it to my house we started walking. The whole time we were walking the kids kept taunting one another by saying things like, “I’m faster then you or My bikes faster then yours”. It got to the point that they asked if they could race, Rachael and I both agreed, and they were off faster then the speed of light. They were going faster then I had hoped they would be going. They are very competitive children so did not expect the race to be over to quickly. When we reached the sidewalk by East 52nd street they were still going at it, it was a pretty even race might I add. I was a little worried because the sidewalk on 52nd street is a little steep and it would increase their speed. They were going so fast that when Claire Menagh appeared they had not time to react and ran into Ms. Menagh. Even if they did have time to react Juliet still does not know how to use her brakes and would have still ran into Ms. Menagh or something worse. The children feel awful over the whole incident and wished it would have never happened. It was an accident its not like the kids purposely decided to ran into Ms. Menagh. There just kids being kids trying to have fun. I am deeply sorry for all the injuries Ms. Menagh might have suffered. All I want is for are lives to be normal again without all this legal chaos.There is no reason to sue we can settle this outside of court.

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  2. Step 1) When two five year old children were riding bikes, under the supervision of their mothers, down a street the girl struck an old woman with the bike with training wheels. The old woman fractured her hip and required surgury. After the woman died, three months after the assalt, the estate tried to press a lawsuit on the chilren for neglegence. The logos was the factual information on the case, the ethos was how well they reported what happened- which wasn't completely accurate the first time-, and the pathos was the audiences pity for how the old woman was hurt and how young the girl was at the time.
    Step 2) Cause: Girl running into old woman. Effect: Woman injured and needed surgery. Cause: Woman dying unrelated to prevous injury. Effect: Estate files lawsuit against girl. Cause: Girl is found guilty. Effect: Mother is homeless or in jail if she can't pay the fine. So what if the old woman died, even so, how is the estate related to the incedent in any way to even have the gronds to file a lawsuit.
    Step B) Juliet Breitman:
    Dear Diary:
    I had so much fun riding bikes with my friend until I accidentally knocked down a lady. My mom didn't do anything so I kept on riding. We were riding so fast I got a block away after the lady fell on her bottom. I don't know what happened to the lady because I never saw her again.
    A later date:
    Dear Diary:
    My mom told me that the lady I ran into with my bike died but kept on telling me that it wasn't my fault. Then I got confused when she told me that there was a lawsuit against me. When I asked her what that ment she said, "It means they will fight us with words to get money from us and someone else will decide who wins." She also said I shouldn't worry, but I still had no idea what was going to happen. We had something called a lawyer to help us which I didn't see how it would do us any good. I felt bad for the woman who died and hope she is happy where ever she may be.

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  3. Step A2: Cause: Dana Breitman and Rachel Kohn were "supervising" their kids, Juliet Breitman, 4, and Jacob Kohn, 5. Effect: racing on the sidewalk. Cause: The kids started racing. Effect: struck an 87-year-old woman named Claire Menagh, who was walking in front of the building. Cause: Claire Menagh was “seriously and severely injured,” suffering a hip fracture that required surgery. Effect: Her estate sued the children and their mothers, claiming they had acted negligently during the accident. So what if that happened accidents happen and its a little girl you are talking about.

    Step B: My name is Dana Breitman, I am writing to say what had happened the day of the accident and how it was an accident. What had happened was that a week before the accident was Juliet's birthday and we bought her a bike because she wanted one for a really long time. I had planned a play date with Jacob's mother, Rachel Kohn, to take the kids to ride their bikes. So we planned we were going to go Saturday morning to the park and gossip about anything that came to mind. When we got to the park we met up with them and the kids took a stroll around the park in their bikes while we walked behind them and supervised them. Rachel and I were discussing something that had happened the day of my daughter’s birthday because some drama was going on that day. The day went by really quick and it was almost time to leave so we decided to walk home since we lived in the same street. Jacob and Juliet strolled the streets on the bikes while we were walking behind them and supervising them. We turned real quick away from them because we got caught up in the conversation when all of a sudden we heard a noise. "Juliet", I yelled "what happened?" There was an elderly woman on the floor next to our kids and seemed hurt. Juliet was on the floor too but was not hurt. I guess what had happened was that my daughter had ran her over by accident and none of them saw each other to stop that from happening. She seemed kind of hurt but they told us she was going to be okay so we did not make it into a big deal into the situation and tried to forget it happened until they put a lawsuit on our hands and tried to sue my daughter for negligence. I did not know what to do I mean a lawsuit for my daughter who is just four years old. She is too little to know anything that is legal and plus she hurt the elderly woman but she did not kill her. My daughter should not be sent to court for something she has no idea about. I know she ran her over but accidents happen everyday. It could have happened to anyone and at least we were responsible enough to do the right thing and help the elderly lady instead of just leaving her there. All I know is that something needs to be done because the elderly woman is dead already and not because of my daughter but for other reasons so they should not even worry about that. We learned our lesson on supervising our kids and we are showing them to look both ways before crossing the street.

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  4. Step a1)
    This account tells the story of a four year old girl who was sued by the family of an elderly woman. Claire Menagh was run over by the little girl on her bicycle as she was playing with a friend. Although she suffered a hip fracture that ended up requiring surgery, the coroner declared that she did not die from the bicycle incident. Both mothers of the two children were present and saw the incident occur. Justice Paul Wooten, who presided in the case, stated that the accused girl, Juliet Breitman, was old enough to be sued, as the law says that an infant under the age of four is not old enough. However, Juliet was three months shy of turning five, so she was not exempt. One possible outcome could be that Miss Menagh’s family could win their suit, and Juliet’s family would have to compensate for the damages. Another could be the judge would decide there is not enough evidence to convict Juliet, and he would drop the case. Still another could be Juliet’s family would win the suit, and the case would be dropped.

    Step b)
    It was a day like any other. I made breakfast for my husband, John, Juliet, and myself. We enjoyed a talk about our upcoming vacation to Walt Disney World in Florida. Then John headed off to work as usual, and I pattered around the house until around 12:30 p.m., when Juliet came into the kitchen where I was reading a magazine, and said “Mommy, I’m hungry.” I made her favorite; peanut butter and jelly without the crusts, Trix yoghurt, and some BBQ chips with a glass of water. While I was watching her eat, she asked me if we could go down to the corner so she could race her bike with her friend from the apartment next door. I agreed, so after she had finished eating, I grabbed my cell phone off the countertop and we left. She got her bike from the basement downstairs and we walked to the corner and waited for her friend. When he and his mother arrived, both of us watched the two children race their bikes up and down the sidewalk, though at a safe speed and distance. I made a mental note of an elderly lady approaching the sidewalk they were racing on and had a plan to tell Juliet the next time she came back. No sooner had the elderly lady set foot on the sidewalk than she heard a shout from behind, and turned to look out for the danger. In the middle of her turn, Juliet slammed on her brakes and skidded, but gently pushed her front tire into the lady’s right leg. It was enough, however, to knock her to the ground and make her cry out in pain. We all ran over to where the stricken woman had fallen and attempted to help her to her feet, but she was in too much pain to be moved anywhere. I used my cell phone and called for an ambulance, then dialed my husband’s cell and got his voicemail. “Oh, of all the times for him to be in a meeting!” I thought bitterly to myself. I left a voicemail, telling him what had happened, and that Juliet and I were going to accompany the lady to the hospital. As we were loaded into the back of the medic and speeding away, siren wailing, the woman somewhat regained consciousness and mumbled something. I leaned closer to hear her words, and then leaned away in disgust. She had the nerve to accuse my four-year-old daughter of putting her on her deathbed. (Now mind you she was no spring chicken.) I couldn’t believe my ears, and turned away from the pathetic sight on the bed in front of me. When we got to the hospital, I went with Juliet to the temporary room they had placed her in, and tried to apologize for not watching Juliet carefully enough. All she could say was,” I’m going to sue you! I’m going to sue you for all you’re worth!” Finally, I couldn’t take any more of the accusations, so I apologized one last time, and left with Juliet.
    TO BE CONTINUED. . . . . . . .

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  5. 1a) The reasons that the kids got in trouble, is because when the parents (Dana Breitman and Rachel Kohn) were not supervising there young kids. Kids, (Breitman, 4, and Jacob Kohn, 5)were probably, let to do what they wanted to do throughout there young lives. This lead to them not caring about the running over of an elderly woman. She is an elderly woman, and it shows that she already was in a week state if she dies three months later; even though it was not caused by the running over, that could of been something that triggered an earlier passing of her life.

    1b)Cause: Kids riding bicycle, they hit an elderly woman, because they feel like they have no care in live. Effect: Elderly women gets ran over and hurt. Effect: Needs surgery for her hip fracture. Effect: She dies three months later but not because of the running over. Effect: Young girl gets sued. Effect: If parent does not pay the fine, consequences will come; such as jail. What if the child being sued doesn't learn by being sued, do you think the mother will finally be immature, and take care of what she needs to take care of with her child, do you think she would send her child to jail?

    b)Claire Menagh; the judge.
    In all my years in working as a judge, I have never had to prosecute a child. This child, i strongly agree deserved it. I did it to cause two things to unfold; to teach the ungrateful child, a lesson, to have a care in life and to teach her mother that not taking care of your kids correctly does come with a consequence. I'm tired of all these kids, thinking they can do what they want at any giving moment of the day. I'm also tired of these "adults" acting like kids themselves, they should step up, and act like the mature parents they should be. Poor elderly woman, she never saw it coming. I believe that it was clearly fair that her estate sued the child and the mother, she was only doing what would of been best for her mother. To seek her justice, because she lost it once a carefree child ran her over, from a woman who also obviously doesn't care enough for her child to tell her to be careful with people, and also, not have a care about even going to apologize to the elderly woman. This is why Juliet, and mother; I pronounced you GUILTY!

    Since you had such a nice time enjoying the fact your daughter ran someone over, paying of the money will be phenomenal.

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  6. Step A1)Two children, Juliet Breitman, 4, and Jacob Kohn, 5, were racing bikes down the sidewalk under the supervision of their mothers in the city of Manhattan. Suddenly, one of the two struck an elderly woman with their bike, causing her to fracture her hip and require hip surgury. Shortly, three months after, the elderly woman passed away. Her estate attempted to sue the two children and their mothers due to "negligence" behavior. The logos in this article is the facts and information reported on this case. The pathos was the feeling of sympathy and pity of the audience for the ederly woman due to the fact she was injured and died and the two children due to their young age. Last, the ethos is how the case was reported and what was said.

    Step A2)
    Cause:Dana Breitman and Rachel Kohn decided to let their children ride their bikes.
    Effect:Juliet Breitman and Jacob Kohn decided that they wanted to race.
    Cause:Juliet and Jacob rode too fast down the sidewalk of Manhattan.
    Effect:Claire Menagh was struck with the bikes.
    Cause:The eldery woman fractured her hip
    Effect:She required a surgury for her hurt hip
    Cause:Claire Menagh died three months after
    Effect:Her Estate sued the two children and their mothers due to their behavior of "negligence."

    So what if the elderly woman died? Don't get me wrong, I do have pity for her death, but the cause of her death was unrelated to her previous injury. She was also 87 years old already and it might have just been her natural time to go. I don't think the children should be blamed whatsoever.

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  7. Step B)Juliet Breitman

    Dear Diary,
    Today my mommy and Jacob’s mommy let us ride our bikes all over the city. Mommy says our city is called “Manhattan”, but I can’t say that right. They watched us ride our bikes up and down all of the sidewalks. My boy friend Jacob told me he wanted to race me and I really like him so I wanted to win really bad so he’ll like me too! I couldn’t lose to an icky boy anyways! So we started peddling our two feet faster and faster. I felt like I was flying and like my bike was about to lift off of the floor. It was almost like I was superwoman or something. Well, that is, if superwoman rode her bike with training wheels on Jacob and I were laughing a lot and I was starting to get tears. I was going so fast I didn’t see the old lady in front of us and I crashed into her and I felt really, really, sad. I didn’t mean to hit her though, I promise! It was on accident and it made our mommy’s sad too. I think Jacob was the most sad of all of us. After we hit the lady our mommy’s yelled at both Jacob and I. We were scared because we knew we were about to get into a lot of trouble and that they would be really mad at us. Most of all I was scared of the old lady because she’s little and old and I didn’t want to break her or anything. I was scared that I hurt her really bad. We stopped our bikes and walk back to our mommys where they were helping up the old lady. I kept hearing my mommy say “I’m sorry! I’m sorry!” I was already crying by the time we got there because I knew I was about to be yelled at. Jacob wasn’t crying though, he’s a boy, boys don’t ever cry. At least that’s what he told me one day when he fell. Anyway when I got there the old lady had just gotten up off of the floor. She was shaking and looked like she was in a lot of pain. I remember being that hurt one time when I scraped my knee after Jacob tripped me. I told the old lady that I was sorry and I would never do it again, but she was still mad at me. She was yelling at Jacob and I, but I couldn’t listen to a thing she was saying I was too worried about what would happen to us and our bikes. Later the old lady had a surgery for her hip. I wanted to make her a card to feel better, but mommy said she was still mad at us and to not bother her. A couple months after that Mommy told Jacob and I that the old lady died! I was scared because I thought it was our fault! She said the big people called the “Estate” were taking our money and I had to sell my bike. I don’t know what they word “negligence” means, but mommy keeps saying it a lot when she’s on the phone. I hope everything goes okay. I hope we get all our money back so I can live like a normal kid. I don’t know what I did so bad, I was just trying to have fun.

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  11. Step a1) Two children, the ages of four and five, were riding their bikes in the neighborhood. They struck an 87-year old elderly woman. She suffered from a fracture in the hip fracture that was repaired with surgery. Claire Menagh, the elderly women, attempted to sue the children for negligence. She later passed away due to unrelated causes. The possible outcome of this case is the children would be plead not guilty. This is because Menagh had surgery done to repair her injury and the children’s parents were there to supervise them. The children had nothing to do with Menagh’s death. If Menagh’s death were linked to the incident, it would then be a reasonable case. Mr. Tyrie, one of the mothers’ lawyer, said, “She was riding her bicycle with training wheels under the supervision of her mother.” (Logos) This reveals that the children are young and cannot have intended to hurt Menagh. “Menagh…was ‘seriously and severely injured’…She died three months later of unrelated causes.” (Pathos) This creates anger with the audience. If she was ‘seriously and severely injured’, why was not her death related to those injuries? Menagh may have exaggerates the details. The author’s ethos is revealed through the corrections of the article. It shows that the author does not pay close attention to detail.

    Step b) My name is Juliet Breitman. I am four years old and live in Manhattan. I feel like I did a horrible thing today. This morning my friend, Jacob, and I, wanted to go outside and ride our bikes after breakfast. After we finished breakfast, Jacob, my mom, and I went outside with our bikes and gear. We strapped on our helmet and got on our bikes to go ride around the neighborhood. My mom followed us so we would not wander off and get lost. Jacob wanted to race to his house from mine and back. My mom saw us gaining speed and she told us to slow down. Jacob and I were having so much fun; we did not hear her calling. I turned my head around when I heard my mom’s footsteps running behind me she told me to slow down. I turned my head back and started to slow down and before I knew it, I hit Ms. Menagh. I flew from my bike about ten feet. It was a good thing I was wearing my helmet and kneepads. When I looked up, I saw my bike on top of Ms. Menagh and she was expressing excruciating pain. My mom caught up to us and first made sure Ms. Menagh was all right. She pulled out her cell phone and called for the paramedics. My mom then came to me to make sure I was not hurt. As it turns out, I only had a scratch on my arm. The paramedics came a few minutes later and took Ms. Menagh to the hospital. They then checked on me and released me to my mom. However, I got scared when I saw the police cars arrive. They came directly towards my mom, Jacob, and me. They told me and Jacob to come with them, so my mom could talk to one of the police officers. Another officer came and started to ask me questions. I told him everything that happened and he let me return to my mom. When I came back to my mom, she seemed disappointed. She told me that the police suggested that we get a lawyer. I started to cry because I knew that I was in trouble now.
    We went to court, not too long after the incident. In court, Ms. Menagh said that I was careless, reckless, and purposely ran her over with my bike. Those were lies! I yelled out after said that and the judge silence me, and said that if I did that again, I would be dismissed from the room. I was so angry I started to cry. The court has not yet announced the verdict, but I know I did not commit anything foul. It was all an accident. I never knew Ms. Menagh as the kind of person to twist her words that much to make me at fault. My only intention was to go out and have fun.

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  13. Step a2:
    Cause 1: Dana and Rachel let the kids ride the bike.Effect 1: The kid ride the bike on th East of 52nd street.
    Cause 2: Juliet and Jacob decide to race bike. Effect 2: That the race took place on East of 52nd street
    where peopel walked.
    Cause 3: Little kids run into a 87 year old woman. Effect 3: Had a bad injury.
    CAuse4: Woman suffer from hip fracture. Effect 4: had to have sugery done to it.
    Cause 5: Clarie was mad. Effect 5: Sued Juilet and Jacob for negligences.
    So what if the kid were race Clarie should just watch were hshe is going and have a better understanding in life.

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  14. Step a2)
    Cause: Juliet and Jacob wanted to ride thier bikes.
    Effect: Dana and Rachel let their kids ride their bikes.
    Cause:People walk on the East 52nd Street.
    Effect: The kids ran over a women.
    Cause: Claire Menagh was 87 years old.
    Effect: She was badly injured.
    Cause:Claire sufered a hip fracture.
    Effect: Had to have surgery on it.
    Cause She was badly injured.
    Effect: Claire sued the little kids.
    Cause: The agressors were little kids.
    Effect: They did nto act negligences.
    So what, if the women got injured, she should have watched were she was walking.

    Step b)
    Dear Bicycle,
    Today has been a bad day. Not only for Jacob and me, but for you as well. Who knew riding a bike on a street was a big no no. Now there is an old lady in the hospital because of me. I really don't think it is my fault. She should have been watching were she was walking, right? I really hope Mrs. Menagh is okay. Tomorrow we have court. I do not know what that is. But my mommy and Jacob’s mom said a big man, Judge Justice Wooten, will judge our case. My mommy also says that Mr. Tyrie is a good guy. She told me to write a thank you note for him. All this experience has been very scary for me. I ever tried to hurt Mrs. Menagh. This, I think is a nightmare. I could never hurt a person. Nevertheless send them to the hospital. I really hope the big scary judge won’t let the police take me away. I am only four years old. Everybody in jail might be in their thirties or maybe hundreds. This sounds very scary. I want to cry. I don’t want to be away from mommy. I love my mommy. I really didn’t mean to hurt that lady. It wasn’t my fault. It wasn’t Jacobs fault. It wasn’t the bikes fault.I hope Mr. Tyrie can prove I am a good girl. Because I really do not deserve to be put in jail.

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  15. Step a1)There are two children who are racing n their bycicles on the side of the road,and the mothers of the two children are there watching the two kids.The two kids are racing when they crash into an elderly woman,and the woman sues the children along with the mothers for neglagence.The old woman has proof that she can sue because she is injured and uses that in court.
    The defense attorney is using common sense to win the case.As for the offense attorney,he used previous cases to help his side.If the offense attorney wins, the old lady will be rewarded money that the victims(children and mothers)will pay.If the defense attorney wins, nothing will happen and the elderly woman will have lost.

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  16. Step a2)
    Cause: a young girl ran over an elderly woman while riding a bicycle
    Effect: the woman was injured
    Cause: she suffered a hip fracture
    Effect: had to get surgery
    Cause: her estate claimed they had acted negligently
    Effect: the children and their mothers are being sued
    Cause: Juliet Breitman, 4, was too young to be liable for negligence
    Effect: courts had held that an infant under the age of 4 is incapable of negligence
    Cause: Juliet was riding her bicycle under the supervision of her mother
    Effect: Justice Wooten argued that Juliet should not be held liable because her mother was there
    So what if the elderly woman passed away. It was of unrelated causes, and it isn’t like the girl ran her over on purpose. It was all an accident; she didn’t have to be sued.

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  17. Step B:

    Dear Diary,
    Today was the best day ever until something horrible happened. The day started off by my best friend, Jacob, coming over. Next, it even got better when my mommy let me ride by bike that I received for Christmas. Carefully our mommies took out of bikes. As we got on them we were trilled and ecstatic. Then Jacob had a brilliant idea of having a race. I said, “yes” immediately after. I remember the race took place on the East of 52nd street. Moreover, my mom said, “It had to be on the side walk because she does not want us to get hurt. “ All I heard in that moment was the key to start. Those exact word ends up me doing something that got me into trouble. I was in first place as I was about to turn the corner a lady appears out of nowhere. As my tricycle hit the lady, named Clarie, she went flying into some trashcans. In addition, the impact of hitting the trashcans made her fracture a hip. Later, I end up hearing that she had surgery done on the hip to be fix and also that she was 87 years old. The month’s pass and the new came to me that she had died but the doctors have no idea of what. My mother received a letter in the mail saying we are being sued for negligence. From there mommy hired a lawyer that had our back in the problem that we were going through. The day of court arrived and my palms of my hand were sweating more than usual. Day after day I keep on hearing the same thing over and over. Our lawyer pleaded for case to be over because I was four and I was just having a good time with my friend. I picture myself back in the courtroom when I heard the judge say that the case was dismissed because of my age. The judge said, “that I was only a few months from being five and old enough to get sued.” As the case continued that fact that we where under parental supervision did not help out our case that it was not negligence that cause me to accomplish the action that took place that evening. Finally, the day of the final decision came and it all hit me when I was standing there about to hear what the judge was going to say to my family. Next thing I know I was crying my eyes out for happiness to hear the word of the judge. Even though, what I though would be a ride through the park turned out to be a bumpy road up head. That bump did not go away until the situation went away and settle in court.
    With love,
    Juliet Breitman

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  18. Step b)
    My name is Juliet Brietman, and this is my diary of what happened the day I ran over an 87-year old woman, Claire Menagn. I had just received my bike from my mom as a present. She knew how badly I wanted a bicycle, so I could go riding with my friend, Jacob. I was 4 years old, and he was 5. He is a year older than me, so it feels like he can do much more than me. My mom bought me a new bicycle, and it was so pretty. It had a bell, and it was painted pink, which is my favorite color! My mom also added training wheels, just to be safe. I asked my mom if I could go biking with Jacob. We went to the park with my mom and his mom. They told us to wear our helmets to be safe and not to bike anywhere too far. They were watching us play. Jacob asked me if I wanted to race. I wasn’t so sure about racing, because I wasn’t used to riding a bicycle yet. Jacob was teasing me because he said I was too scared. That got me mad, which made me want to race him. We told our mom that we were going to race. They asked us not to go too far. We told them we were going down East 52nd Street near the new building. “Ready, set, go!” We biked down the sidewalk and I pedaled as hard and fast as my little legs could go. I wanted to beat Jacob to prove that I could be better than him at something. We were neck to neck. “Getting tired?” he said. That pumped me up, and I pedaled quicker and quicker. There was a hill going downwards that I was unaware of. I tried to stop and brake, but the force was too strong. There was a woman crossing the street, and I tried to bike out of the way. I was ringing my bell constantly. I yelled, “Move!” but the woman still didn’t hear me. I think she lost her hearing. Boom! My bicycle crashed right into the poor elderly woman. My mom came rushing downhill after hearing all the bell rings. She asked me if I was okay, but if it wasn’t for the helmet, I would be the one in the hospital too. Someone called the ambulance, and they came quick. The ambulance brought her to the hospital, and we went to see if she was okay. The doctor said she had suffered from a hip fracture, and may need surgery. I felt horrible, this was all my fault. I went into the woman’s room, and she was unconscious. I apologized, even though she couldn’t hear me. It was an accident. I didn’t mean to run her over. I walked over to my mom and cried. I told my mom I was sorry. My mom looked down at me, a tear dropped, and she said, “I know you are, honey. I’m glad you’re okay though.” Three months later, my mom told me that the elderly woman I had run over died. She also told me we were being sued. How much worse could this day get? It was just an accident, I hope my lawyer, Mr. Tyrie can fix everything. I don’t want to go to jail. I promise I won’t ride a bike ever again.

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  19. Step a1) Dana Brietman and Rachel Khon were supervising their children. Their kids, Juliet Breitman and Jacob Khon, were riding their bicycles down East 52nd Street. The children were racing, during the race an elderly woman appeared on the sidewalk. The kids struck the woman and she suffered a hip fracture that required surgery. She died three months later of causes unrelated to the incident. Claire could have suffered more serious injuries other than a hip fracture. The damages caused by running over Claire could have been more severe.
    Ethos: "He added that any “reasonably prudent child,” who presumably has been told to look both ways before crossing a street, should know that dashing out without looking is dangerous, with or without a parent there."
    Logos: "In legal papers, Mr. Tyrie added, “Courts have held that an infant under the age of 4 is conclusively presumed to be incapable of negligence.”
    Pathos: "Claire Menagh, who was walking in front of the building and, according to the complaint, was “seriously and severely injured,” suffering a hip fracture that required surgery."

    Step a2) Cause: Children riding their bicycles down 52nd Street. Effect: Claire gets ran over by the children riding the bikes. Cause: She gets ran over by two children on bikes. Effect: She needs surgery on her hip. Cause: Claire's death. Effect: Her estate sues the children and mothers. So what if the kids ran her over, all children at that age are careless and don't know what their actions can cause.

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  20. Journal,

    I feel horrible! Today was not a good day. Why didn’t I think of what would have happened to the poor lady? It was too fun to think of anything else. Jacob and I were really having fun, until that happened. The wind and laughter totally cut me off from everything around me. My mom could possibly get blamed for something that was completely my fault. I did not see Claire at all until I felt her under my bicycle. I fell and quickly looked back so see her on the floor. After I saw Claire, I knew I was going to get in a lot of trouble even if it was an accident. I deserve to be punished somehow. So this is how it all happened. Jacob challenged me to a race down the street and I accepted. So we began the race at the far end of the street. The countdown began and we were off. The feel of going that fast gave me an adrenaline rush. It just encouraged me to go faster and faster. Then out of nowhere I see Ms. Claire walk onto the sidewalk and I knew that something was going to go wrong. I was going to fast to stop on time. If I could have I would, but I was too close to her. She fell instantly within impact. After I ran her over, I fell out of my bike and I too got hurt. All that was on my mind was the lady and what will happen to her. What have I already done to her? I do not see her moving, but she is still breathing. My mom quickly rushes over and checks to see if Claire is fine. A look of sadness appears on her face and she calls the hospital. So my Jacob, Mrs. Kohn, my mom, and I are waiting for the doctor’s diagnosis. We find out that she will have to be looked after because she had a hip fracture. We all leave and I’m just too sad to say anything. I still cannot believe I did what I did. Ms. Claire did not deserve anything. I caused her all her pain and suffering and now I need to suffer for the consequences of my actions. I know it was an accident but I could not do anything. My mother did not punish me as much as I thought I deserved, but I know I deserve more. I still feel horrible for what I did and that will live on with me for the rest of my life.

    -Juliet Breitman

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  21. Step 1a)
    Two small kids named Juliet Breitman and Jacob Kohn were riding there bikes supervised by their parents. The kids statred racing and they accidently hit an old women that was 87 years old. She was injured badly that she broked a hip. Later she died. Her estate sued the mom and children for negligence.
    Step 1b)
    Cause: Two kids Juliet Breitman 4years old and Jacob Kohn 5 years old were riding their bikes supervised by their parents, Dana Breitman and Rachel Kohn. Effect: The kids started racing. Cause: An old women named Clair Menagh was walking when she was hit by the kids. Effect: The old women was badly injuried that she broked a hip. Cause: A law suit. Effect: The old women's estate sued the kids and the mother's and claimed that the mom was being negligence during the act of the crime. I felt sorry for what happen to the old women and hope that she is in a better place.
    Step 2)
    After pre-school I asked my mom if i could go and ride my bike outside. When I was outside I saw my friend Jacob riding his bike too. He bet me that he was faster than me. We dicided to have a quick race. We started racing on the side walkwhen I hit an old lady. She started screaming and I felt bad for what I did. Later on my mom told me that we were going to get sued. I didnt know what that meant, but I did knew that it wasnt good.

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  22. Step B)
    I just cannot believe what was happening.To think that my child would be a victim of a lawsuit for negligence.My daughter,Juliet Brietmen did not know that all of this would happen from just riding a bike for fun.I am her mother,Dana Breitman.(flashback)
    I decided to take my beautiful and loving daughter Juliet, to ride her bike with her best friend Jakob Kohn.Naturally,I would have said but her mother is one of my closest friends as well.Her name was Rachel Kohn.We were still deciding whether to go to the park that we have been so fond of only because it has a nice view of dukcs in a pond,but we diecided to walk around East 52nd street to get more excercise.It was a nice way for the children to be familiar with their surroundings in town.The little ones were riding their bikes as we were closely behind them.I see Juliet talking with Jakob and Jakob only smiles and knoddds his head is if he aggrees in something.The two start going faster and then soon enough,they are racing with their bikes. Juliet and Jakob barely start going faster as they crash into an elderly woman,she stumbles and falls.I asked the woman,"Are you okay?" She answers,"Yes,my ankles feel alittle wierd but I will survive" and asks for my name and home number, I thought she was just going to call to tell me how she is doing.Only to later find out that she had called a lawyer to discuss with me a trial date against her.Now I am waiting for the dreadful day that I will have to go to court for my daughter and myself and just hope for the best.

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  23. Step a1)The article is about two children (Juliet Brietman and Jacob Khon), both are around five years old , who are being sued due to neglegence. It was said that both children were under the supervision of their mothers (Mrs. Brietman and Rachel Khon) when the incident occured. The children were riding their bikes, when one of the children (Juliet) struck a 87 year-old women (Claire Menagh) in front of a building with her bike that still had its training wheels attached to it. The old woman was severely injured and required hip surgery; she died three months later due to unrelated causes. The potential outcome could be that Claire Menagh could win the case making it possible for not only those two children to be sued but also making other children around the same age vulnerable of being sued. It uses logos by stating how the incident occur and its effects. Pathos is seen when it states how young the children are. Ethos is used in the article when the writer uses a professional tone to write about this case.

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  24. Step2)
    Today was going to be the best day ever, because I was going to hang out with mommy and use my brand new bike. As we were leaving, my mom already had my bike on the trunk of her car.
    "Pumpkin are you ready to go meet Rachel and her son Jacob?" asked my mom while putting on my seat belt.
    "What!!!", I yelled at my mom's left ear," I don't like Jacob he is a big bully who picks on me."
    "Juliet," my mom scorned, " remember be the bigger person and nothing will happen I'll look after you if he tries anything funny." Jacob was not one of my favorite person, when we are at school he is always looking for ways to make me cry. I never let him see me cry because it will hurt my pride and my pride was far more important than his taunting.
    As we arrived to the restaurant, my mom took out my bike from the trunk. As we walked over to where Rachel and Jacob, he saw my bike and started laughing.
    I was offended and ask him," what is wrong with my bike?!"
    When he stop laughing he said," you still have training wheels on, I knew it you are a big baby." I looked at his bike and noticed that it didn't had any training wheels.
    Frustrated I yelled," mine bike is faster!"
    "How about we have a race to see who's bike is faster?" he questioned and I agree. He left to go get his bike. My mom overheard the whole and told nodded at me, she was giving me her approval; so what ever happen to being the bigger person. As Jacob came back with his bike, we set up for the race.
    "On your mark, get set, go!" we yelled as we sprinted off. I was winning, Jacob was at least a few steps behind. Jacob started to catch up though but I was not going to give up the fight. I peddled faster but as I saw an old lady coming out of a building I was about to halt. But Jake's bike hit my bike so hard that I couldn't stop.
    I yelled "watch out!" It was too late the old lady was lying on the ground and was complaining how bad her hip hurt. Our parents came sprinting toward us and a crowd began to form around the lady I just hit. My mom talked to these scary people first and then when she was done we left home. When we got home I was tucked into bed while my mom made a phone call.
    ~Three months later~
    I was eating my cereal when I heard my mom crying. I kept asking her what was wrong but she wouldn't respond. I saw a pile of mail next to her and took the opened letter to read it.
    It said, " Juliet Brietman was issued in court on first of January."

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  25. A) In April of 2009 Juliet Breitman struck an 87-year old woman who was walking to her destination. Seeing how this woman was 87 years old she was greatly injured. A short three months later she died due to unrelated causes. The mother of this child was present and so was her neighbor whose son was engaged in a race with Juliet when this had occurred. Justice Paul Wooten who was presiding over the case stated that Juliet was old enough to be tried. This case can be dropped seeing that Juliet is still 4 and that she is still not old enough to be tried. Another decision can be that she does get tried and is found guilty
    B) I James P. Tyrie woke up on normal morning and was got ready for a normal routine. I arrived at my office and started doing my paperwork. Later that day I received a phone call about a peculiar case about a young girl. I later received all the information by fax. It seems that a four year old female was being accused hurting an elderly 87 year old woman. The young girl was having a race with a five year old while both of their mothers watched over them. It seems that somewhere along the race the four year old girl hit the elderly woman and caused her severe injuries. This elderly woman died three months later due to unrelated circumstances. Her estates have sued the four year old of negligence. However, the girl was not engaging in any adult activities, she was simple riding a bike that still had training wheels. Furthermore, she should not be held reliable because her mother and her partner’s mother were both present when this tragedy occurred. The girl is too young to be held for negligence. In previous cases courts have determined that any children under the age of four are incapable of negligence. Even though Juliet was four she is still too young to be held for negligence. Juliet had no specific purpose in mind to hurt the elderly woman. This was an accident as it happened. If Juliet is a culprit then is her mother too? The mother after all was keeping an eye on the defendant. It seems as if to defend Juliet we will have to submit our case again. Hopefully our justice system will find that young Juliet was not capable of negligence or able to use a device like a bike to purposefully attack another human being.

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  26. (Posting for Chanel Parrish) - On Time

    Step 1a) in a case in the 1920’s. A little 4 year old girl ran into an older woman. The older woman fell down and injured herself severely. But the people arguing said that the little girl is not capable of negligence since she is still considered an infant below the age of 4. But the other people argue the opposite. That because she was just a few months shy of 5 that she was fully capable of being negligent. LOGOS: the little girl didn’t know what she was doing and isn’t liable because she is young and she was learning to ride her bike with training wheels and a parent guardian. PATHOS:
    Step 2a) cause: little girl not knowing how to ride her bike, hence the training wheels. Effect: she hits an older woman. Cause: she woman gets seriously hurt. Effect: she children and their mothers get sued.

    Step 2: dear journal,

    The most horrible thing happened to me today. As I was calmly walking down the street, I saw some younger children racing their bikes towards me. I figured that they would stop when they saw me, but no. the younger girl, Juliet, ran into me. I fell and was severely hurt. I laid there on the ground in pure pain. I remember the girl’s mother running towards me. Screaming and asking if I was alright. Well, no I wasn’t ok. I was in pain, Real agonizing pain. The little girl was standing there crying because she knew that something was wrong and that I was really hurt. The mother was calling 911. When the ambulance got to me, I had managed to pull myself up. They pulled me into the ambulance and rushed me to the hospital.

    The next day as I was recuperating, I sat there thinking about what had happened. I was so angry. I wanted to sue them. That little girl knew was going to hit me and she ran into me deliberately. I know she did. So I used her.

    The courts are battling it out, but I hope that I get my justice. That little girl was not too young to be considered doing negligence. I better get my justice.

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  27. STEP 1A) Four year old Juliet Breitman was in a park with five year old Jacob Konh racing bikes. An elderly woman walking in front of a building was severely hurt when Juliet accidentally crashed her bike into her. Claire Menagh, who was the injured victim, estate filed a lawsuit against the young girl after Claire's death three months later of unrelated causes. The young girl was trialed with negligence but since she was soon to be five it was not dismissed and thus can be sued.

    STEP 2:
    Dear Diary;
    Today while riding my bike through the park I accidentally crashed into a 85 year old woman. Said sorry because I really had never noticed her, I was having so much fun racing my bike with my 5 year old friend Jacob. Both of our moms were watching us while we were out there. I felt really bad for this I never knew that I would crash into her; it is not like I planned it out when I woke up. It was an accident. I feel very bad.
    (Continuation)

    Dear Diary
    Today we were called into court it has been past three months since the bicycle accident and their suing me. I am just a young girl who did nothing wrong I was just in the park having fun, racing my bicycle, when I accidentally crashed into the woman. They would not dismiss my case because I was very close to turning five thus I can be sued. I am a little scared of what might happen.

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  28. 1 A) As we all thought bicycling was safe, this demonstrated the contrary. An elderly woman was walking by as her usual routine, just minding her own business she gets run over by a four year old. One’s first reaction might be to giggle, but it’s more serious than it sounds. The little girl obviously lost control of her bike and crash into the old lady: which resulted in a hip fracture. Even though, the old lady died 3 months after for undistinguished reasons this child is being sued. Talk about an honest mistake, or was it Negligence, as this trial continues.

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  29. 2)from Claire Menagh pov : Much of the conspiracy behind my accident has taken a toll in the media. The events regarding these events are embarrassing for me to comment on, but as a citizen I believe it’s my duty to say something. These children shouldn’t be punished to such extreme; this has been taken too far. Yes I was severely injured, but since it was a little girl who crash into me, I do not held her responsible for the incident. Her mother was around, supervising her daughter as she rode through the streets. She had her helmet and everything that is require so there was no crime committed just an honest mistake. In the contrary, if it was an older person who has a better understanding of the situation then I would pursue the law suit but it wasn’t. Some news channels think I’m not taking this seriously and are making opinions on what they seem correct. All that I have to say to them is to, *** off. My other concerns implicate the judge has taken this too seriously. I mean for god’s sake this is a child were speaking about not a random person who is high maintenance. Unfortunately society has become a corrupted and from the most meaningless thing a big deal is made. My affections towards the judge are meaningless, im about to die soon what more do you expect of me. I am not looking forward into persuading a law suit that seems to be unreasonable and a big waste of everybody time. Once again I will emphasize the importance of what is the moral thing to do? This child was not alone she was accompanied by her mother and friend she has no understanding of what she has done and why she is being sued We all need to be reasonable and really think whether or not this sounds like the right thing to do? This child and her mother both need to be left alone by the court, as I noted before im not interested in persuading a law suit im about to die soon what is there that I can do; nothing. Unlike her who is full of life and perseverance lets not have her start her life with this to carry on her shoulders. Now I would have a different view if the mother was not present, I would sue the mother for not accompanying her daughter and supervising assuring she is ok; though that is not the case so I find it to be morally incorrect. Furthermore I find it intriguing the amount of people who have reacted to this, just like any other I see it as an accident therefore it shouldn’t suffer consequences beyond of what they should be. With this being said I’m not justifying the little girl’s actions im just implying the situation has been out of control and taking it to far.

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  30. @Jacqueline:
    I really liked the way you described the story, because although it was a point of view that others would have chosen, you used a certain word choice and style that not very many others are capable of doing. However, I think that you could have used a diferent style to format your causes and effects in the first step. It had some good points, but I did not like the way you put them each into a different line. It would have looked better with your good points if they had been in a paragraph. Overall, I really enjoyed reading your story. It made it sound as though a real four year old had written it.

    @ Sandra:
    Your account of the story was good, and I really liked it. It used a tone that made it seem as though I was there witnessing the event, which is a really good trait. However, I did not like the way you ended your first step, with the causes and effects. I felt as though you could have ended it better. Although you used really good points that I found to be an asset to your argument, you could have possibly built more upon the last point in the first step. Otherwise, there is nothing to criticize. Good job!

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  31. To Bhavin: You did a very good job on taking on the role of the lawyer. You could improve on including more of his precise actions and maybe included siting down in a talk with the mother and child. You said this is a "peculiar case" when a lawyer has seen many cases how would this particular one be considered peculiar. I could see how it would be unneccessary and unimportant because what would they gain from sueing this girl. I like your point in how the girl is too young to be accused of neglegence. Also I like how as a lawyer you don't see this as just another case but as a young girl who shouldn't be held in court for "purposefully attack[ing] another human being." Would you want to be a lawyer so you could help someone like this girl?

    To Sandra: I am glad that you cared for the old lady's well being. It could could have been improved if you taked about how she felt about the lawsuit. I like how you made the mom call the hospital but if the kid was being sued for neglegence then wouldn't they have done nothing to help her. When you said, "adrenaline rush" it realy gave me a picture of how the girl felt and was good use of imagery. When you said, "that will live on with me for the rest of my life," that shows what an impact something like this can have on a young girl's life and was good diction. What do you think of the estate sueing the girl are they out of line or perfectly reasonable?

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  32. To angie:
    I like the way you descirbe the story. The argument you proposed that it was not the little girl fautl. Well I agree with you. For example that it was not the girl fault that the lady to walk towards the race. Also the like girl bike went out of control on purpose. Then the lady getting hurt and breaking her hip and dying three months later was not the girl fautl. What would have happen if the lady did not die three months later?

    To Chanel:
    First of all I agree with you that it was not the girl negliences for the girl fsult killing her. Next that the girl was just having fun she was only four and she did not know what is going on. In addition, the way the girl was acting meant like nothing eas harmed. What would happen if the girl did this on purpose?

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  33. This comment has been removed by the author.

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  34. @Sandra: -a1- I think that you summarized the story really well. It showed your understanding of the story and it was straight to the point. I think what you should have done was write what you think the outcome of the whole story would be.
    I enjoyed reading your story. It related to the article and stayed on topic. However, before you wrote, "So this is how it all happened," you gave too much detail about the accident. You should have written a general over view of it; then after, "So this is how it all happened," go into more detail. I like how you used "adrenaline rush." It gave me a feeling of the excitement of the race. There were few punction errors, but overall I liked your story. What do you think the verdict of the case would be?

    @Chanel: -a2- The cause and effects are in order. There are sentences that need to be looked over. "The woman..." instead of "she woman..." and "The children..." instead of "she children..."
    I liked your story because it presented a clear idea. However, your detail is slightly incorrect. Claire's estate sued the children, not Claire herself. Be careful with capitalizing words you do not need to and not capitalizing words you need to. I think you should have wrote how Claire's day started out instead of starting right where the accident took place. Do you think that Claire would actually want to sue the children if she was still alive?

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  35. @ Jacqueline
    I thought your story was well thought out and seemed like a real four year old wrote it. A way that you can improve it is by adding more details on when the girl crashes into the woman. Your story explained what happened on that day and what the consequences were for the little girl. It gives a different perspective on what happened. Normally when you read the article, you see the woman as the victim and the girl as the villain. Reading your story made me think of how the girl is only four years old and does not understand what is going on. If you were the old woman, would you press charges?

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  36. To Nancy:I really enjoy the way you put your cause and effects.It is simple but understandable,I am able to determine which cause goes with which effect.Not only is it understandable,there ar no errors in it.In all of Nancy's examples,the effects go along with the causes.I especially enjoy the comment that she put sabout the situation,it tells the audience what the author thinks about it.Are you doing this by accident,or are you just that good?

    To Sandra:The most favored part of your commentary is the chronological order of it.In the article, it describes the story in a sort of out-of-order way.Sandra starts with the mother's supervision of the little ones,to the damages done to the elderly woman.She makes the children seem like the victim by the choice of her words.Your use of Ethos,Pathos,Logos is great,is that your specialty in writing?

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  37. @ Stephanie
    Your story was missing a lot of key information; in order to improve it you should add more details. It does not say what happened before or during the accident. This was a good end for the story but it needed a better thought out beginning. I like the way that you made Juliet confused about the words her mom says, because like many four year olds she does not know what they are. Why did you decide to start after the accident and not before or during?

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  38. (Nancy's comment response.....not Erics)

    To Jovani:Your brife parargaph summary based off of the story is not very discriptive.You forget to mention the part where the conflict of whether or not the children can even be sued for negligence.Jiovani leaves a fair ammount of important information out.Dont you think that the paragraph is too brief?

    To Thalia:In her cause and effectt,it is giving too much details.It is good for someone who does not know the background of the story but if they do it seems like too much information.The cause and effects are the main points in the article.Your cause and effects are great,did you get help on it?

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  39. [I know it's late...but I did start on this last weekend and I forgot to finish it. I just figured I might as well post what I got done.]

    A2) Juliet Breitman and Jacob Kohn want to ride their bicycles
    Effect: Their mothers, Dana Breitman and Rachel Kohn, give them permission and supervise them.

    Cause: The kids start a race on the sidewalk of a building on East 52nd Street, while Clare Menagh was walking in front of the building.
    Effect: They both crash, rendering the 87-year-old to a hip fracture that needed surgery.

    Cause: Claire Menagh’s estate sued the children and their mothers due to what had occurred in the incident, saying they showed acts of negligence. (two effects)
    Effect One: Juliet Breitman’s lawyer said the child could not be sued because she was four years old; the law states any child under four years of age cannot be sued.
    Effect Two: The judge deems Juliet Breitman as older than four years of age, since she is a couple of months away from turning five, and sees that it is not against the law file a case against the girl.
    So what? The old woman had died out of unrelated causes. The children were not at complete fault. People crash into things, and yes, even people. That's how life is. You crash, you fall, you get back up. It's no big deal. The state government is blowing everything out of proportion.

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  40. @ eric B.
    I gree with your story. Ican not belive what is happing to your child. Just by riding your bike you can get sued. Good use of a flash back. You used great imagery to describe your point of view.

    @ bhavin
    You summrized the situation very well. Your point of view was also magnificent. You were very descriptive while telling your story.

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  41. @Angie: Your strongest point was your ability to summarize up the events very well. Your weakest point might have been that you could have put in more detail to your summary. Your second blog was much more creative because you wrote it in letter form instead of journal. You really did outdo yourself through this blog, keep it up. -f you were one of Claire's family member would you have kept on going with the law suit or would yo have dropped it because they were too young?

    @Amy A.: I believe your strongest point was your ability to summarize the occured events with great detail and not leaving out any important facts. Your weakest point was very hard to find because you blog post was very good. For part B you were very creative, you inspired me. Your use of imagery and details was very well planned out. It made me feel like you were really her and you went step by step of what you did that day. Throughout this blog what was your pint of view on this situation, did you believe it was a little too exaggerating or did the children "desercve" to be sued?

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  42. To Jacqueline: "I felt like I was flying and like my bike was about to lift off of the floor.", the imagery you use in your story is amazing. I can image the two kids racing so fast that they breaks couldn't even work no matter how back you put the pedal. "Most of all I was scared of the old lady because she’s little and old and I didn’t want to break her or anything", they didn't say that the kids were scared, but this does cause sympathy on the kids, because they are so young and thinking that they talk this way makes it more likely for them not to get in trouble. Also, your ethos, logos and pathos, and correctly placed. You did a really good job in connecting all the ideas together. If the girl was only trying to have fun?, why didn't she apologize to the woman, and try to help her once she did hit her? Maybe there are just rude of kids like that.

    To Eric: "The two start going faster and then soon enough,they are racing with their bikes."The moms would have never been able to see them, because they didn't react fast enough to help. They were put guilty, because of negligence, by them looking at them, is not being negligent. "Yes,my ankles feel a little weird but I will survive", if the old lady did say this, wouldn't you think the charges would never been filed, she would of probably explain to her kids what happened but how she was still okay. But obviously she didn't cause they pressed charges. "I thought she was just going to call to tell me how she is doing." She wouldn't not call her, she died, it was her siblings that didn't call her, just filed a suing. If you think they really cared, wouldn't they of known in the case if they tried to help her out?

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  43. To Lena: In your step one there isn't anything I could give you advice to improve on. You did a well job on finding your ethos with what little information was given. Your story made me symphathize with Juliet. The emotions Juliet felt, in the story, would had made sense. What kid doesn't feel terrible about hurting an older citizen? Your diction seemed a too little advanced for Juliet, she is only four. Do you belive that detail is important in the case? If there was more detail given to help support the little old lady would it had changed the outcome of your story?

    To Amy A: Good job, your story almost had me convince that those events really did happen. You took the persona of a mom very well and your use of details made your story more believeable. It would had been nice if you used one of your possible outcomes to end the story. In your step one you were precise with the details given but you didn't gave a possible outcome of how it would have affected Juliet. If Claire Menagh's attorney did win the case, do you believe that Juliet would grow up with guilt hanging on her shoulders? If not why?

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  44. 2) Today Monday I waked up so happy, it is a beautiful day outside. My name is Dana Breitman and I have a daughter named Juliet. I thought it would be great day to go out and walk withmy daughter. We invited our good neighboor friend and her small child. He is the same age as Juliet. We both came up with a idea that would excite our children. They both took there bikes while my good friend and I would chat. It seem that both of them were having a great time. We both were dicussing school stuff, and we were analyzing our children, and more. For a monet the kids were going in a very high speed that we could not catch up with them. I asked my daughter, Juliet to slow down because we could not catch up to them.
    She agreed to to stop, my neighbor and I just laughed at there little faces. It seem that there was no one walking, nor driving. The streets seemed so lonely and empty, I could not understand why no one would go out and enjoy thiis great weather.My neighbor and I were having such a reat time that we did not notice when our kids rushed theri bikes down the street. When we catched up with them something seeemed wrong. We could see our children crying and sitting down in the floor. We rushed..
    My neighboor and I got closer to see what was happeinging, when we see an elderly women laying down. I cried, and called the ambulance. I could not explain how this had happend. Apparently, Juliet and my neighboor's kid were raising when this women was walking, and they runned her over. The kids were very upset and confused. They did not seem to understand what had just happend. I was getting so worry because the lady seemed so bad, she seemed critical.
    Of course the police had to come and and investigate, they came to talk to meand my neighbo. We were so overwelmed with this situation. We tried to expain to the officers that this was a accident, that our children were racing, and that they did not notice te lady due to their youngage. The Police Department said that tey were here sorry, but we had to go and talk to the supperioty to say what had happend. To Be Continuee....

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  45. To Mauricio: I choose the same character as you. You did a good job on your journal entry. I liked how you are able to included pathos, egos, and logos on your journal comment. Predict how you think this case would end?

    To Lisette: We both wrote on a complete diffrent character, but these both realte somehow. You did a good job to, giving pathos, and ethos. How might Juliet end up with this case?

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  46. 1.
     
    Step a1) The basic facts of the situation is that Juliet Breitman and Jacob Kohn were racing down a street and struck an 87-year-old woman who suffered of severe injuries. She then dies several months later due to unrelated causes. Her estate is now suing the two children for negligence—two years later. The fact that the estate chooses to sue at a much later time period may be quite confusing because of its relevance. Observers of the accusation may favor the side of the children because, in our society, they are considered adolescents. However, the court considers an infant to be under the age of four. Being such a young child, facing a trial like this one here, gives off the emotion of sympathy. How can an estate sue two children for negligence in the courtroom because of an event that happened two years previous?

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  47.  
    Step b)
    My name is Juliet Breitman and I am here in the court today because I am being sued for negligence. I am only four years old! I didn’t know what I was doing! My friend and I were just racing and we didn’t intentionally strike the old woman. How were we suppose to know? I feel bad though, I truly do. If she were here right now, I’d apologize to her, but I know what I did wasn’t wrong. And why is it that you guys are choosing to sue me for what has happened two years ago?! Let me make an emphasis on how long its was. It was TWO years ago. That’s 730 days ago? You’re really gonna sue a four year old for negligence over an event that happened so long ago? Also, I’d like to make an emphasis on my age because I, right now, am being charged and treated like a 20 year old criminal master mind. Would you be okay with my mother suing your young children for a ridiculous reasoning?
    It was an honest mistake I made that do and I can’t stress how regretful I am. I’ll be living with the guilt now. However, her death, it wasn’t linked to any of the injuries my friend and I have caused her. They were because of unrelated causes.
    Is there much desperation for money if there is a willing to sue such a young child for negligence? I didn’t even know what that word meant until I looked it up in the dictionary! I am not going to beg for your forgiveness because I have nothing more to say other than sorry. I am hoping that you give me this opportunity to learn from my mistakes because I am so sure everybody else has made many in their lifetime. I haven’t even been able to receive the amount of time to become a teenager. It’s such a shame; what this society has gone to. This must be preposterous in the eyes of a civil human being! I hope my words have touched your heart. Please, drop the case.

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  48. To Mauricio: Your perspective of Dana Brietman was touching. It let me sympathize with her. And truly understand her as a mother. Do you believe that Dana and Juliet can win the case? If so, why?

    To Lenah Me and you chose Juliet. I agree with everything you wrote. Your observations were really well written. What I liked most about your post was the descriptions you wrote. Every detail made me visualize your story and created a vivid picture. Do you think Juliet can be held responsible? And do you think it was fair for the old woman's family to sue a child?

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