No doubt some blood sucking lawyer put the idea into his head
Parents whose son was killed when car hit his bicycle are sued by jailed driver who says he should have worn a helmet
Convict serving ten years blames him for mental and emotional suffering HE has endured
A driver who mowed down and killed a 14-year-old cyclist has taken the jaw-dropping step of suing his parents for the 'emotional distress' the case has caused him.
David Weaving blames Stephen and Joanne Kenney for their son Matthew's death because they 'negligently' let him out on his bike in the street without wearing a helmet.
Weaving, who is currently serving 10 years in jail for manslaughter, wants more than $15,000 (£9,300) in damages for the 'great mental and emotional suffering' he has endured following his conviction.
Beloved son: Matthew Kenney, pictured in 2007, five months before he was struck and killed while riding a bicycle in Prospect, Connecticut
He is also unhappy at the loss of his 'capacity to carry on in life's activities'.
The legal bid came after Weaving's trial in which he was found to be speeding at 83mph in a 45-mph zone when he hit Matthew, a popular and sporty honours student.
The teenager suffered severe head and internal injuries and broken bones and lacerations. He was declared brain dead the next day.
Mrs Kenney, 42, said Weaving's lawsuit was 'unbelievable' and revealed that while she and her husband are having to pay their own legal fees, Weaving has had his $500 (£311) court charges waived.
'I just think it's crazy that they have the ability to do this behind bars,' she said.
'I think inmates have too many rights. They're the ones who committed the crimes, not us. And we're the ones who suffer more.'
It was on April 27, 2007 that Weaving struck Matthew on Route 69 in Prospect near Hartford in Connecticut. The following December he was convicted of manslaughter and other crimes.
The court was told that he had faced five drink-driving charges since the late 1990s, four of which resulted in convictions.
Mrs and Mrs Kenney sued Weaving for more than $15,000 in compensation for their son's death, but are shocked to have been countersued.
In his lawsuit he accuses them of 'contributory negligence' over the incident and said that had they 'complied with the responsibilities of a parent and guardian and the laws of this state and not allowed their son to ride his bicycle without a helmet and to play out in the middle of Rt. 69... this incident and Matthew's death would not have
happened.'
In another insulting twist, an error by the Department of Motor Vehicles after the trial meant that Weaving still had his driving licence, meaning when he is freed from jail he will be able to go back on the road again.
Matthew attended Long River Middle School, a few miles from the accident site, where he was a big American football fan.
A memorial Facebook page in his honour has more than 600 members.
'He was a loving kid,' Mrs Kenney said. 'He was a caring kid. He was a helping kid. He was a honours student. He played sports. He was full of life. He had so much to give.'
Cases where the convict sues the victim are rare, according to Jeff Dion, director of the National Crime Victim Bar Association, although they do happen.
Its figures showed that out of 12,000 civil cases since the 1980s there were about 485 cases of perpetrators mounting counter-suits.
Perpetrators who sue often do so in an attempt to get victims and their families to give up on their lawsuits, Mr Dion said, but they generally lose.
The case brought condemnation from Connecticut State Attorney Richard Blumenthal and the State Victim Advocate Michelle Cruz.
'Blaming the victim is just offensive,' Ms Cruz said. 'It takes obviously a very unique individual to go after the family of a deceased child. I would say it's an unsound lawsuit.'
Read more: http://www.dailymail.co.uk/news/art...bicycle-sued-jailed-driver.html#ixzz15NN1YMSI
