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article imageConnecticut driver who killed teen now suing victim's parents

By Kim I. Hartman     Nov 15, 2010 in Crime
Hartford - A driver who's serving a manslaughter sentence for striking and killing a 14-year-old boy is suing the victim's parents, blaming them for their son's death because they allowed him to ride his bike in the street without a helmet.
Matthew Kenney's parents, Stephen and Joanne, sued 48-year-old driver David Weaving shortly after he was sentenced last year to 10 years in prison, accusing him in Waterbury Superior Court of negligence and seeking more than $15,000 in damages, according to a report in the Hartford Courant.
Weaving, who has a history of drunken driving convictions, responded months later with a handwritten counter-suit accusing the Kenneys of "contributory negligence." He's also seeking more than $15,000 in damages, saying he's endured "great mental and emotional pain and suffering," wrongful conviction and imprisonment, and the loss of his "capacity to carry on in life's activities."
Weaving claims he was driving the speed limit the day the accident occurred and wasn't acting recklessly when he passed another car in a legal passing zone, and said the 14-year-old teen suddenly appeared in the road around dusk in wet, foggy conditions. He alleges that the boy and some of his friends were jumping their bicycles off a ramp at the end of a friend's driveway and landing in the middle of the two-lane road, reported CBS news.
Weaving was not driving drunk on this particular day, according to Waterbury court records.
In his lawsuit, Weaving wrote that "had the Kenney's 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 play out in the middle of Rt. 69...this incident and Matthew's death would not have happened."
Joanne Kenney, 42, called Weavings accusations "unbelievable. 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."
The Kenney's are footing the bill for their attorney fees to defend themselves against this lawsuit, while Weaving, who is considered indigent, is filing his claims for free, after a judge waived $500 in filing fees.
Mrs. Kenney said "the system is allowing Weaving to victimize the victim's parents by blaming them."
She added, It's outrageous and offensive to her and her family, especially when it involves an innocent child."
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