APPELHANS V. MCFALL
757 N.E.2d 987 (2001)
NATURE OF THE CASE: Appelhans (P) appealed a dismissal of her complaint in negligence
against McFall (D).
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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