Driver Sues Victim's Family Print
Thursday, November 18 2010

A Connecticut man 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.

Driver David Weaving sped by another car at 80 miles per hour, hitting and killing Matthew Kenney as he was riding his bike.  Kenney's parents, Stephen and Joanne, sued Weaving shortly after he was sentenced last year to 10 years in prison for manslaughter, accusing him of negligence and seeking more than $15,000 in damages.

Weaving, who has a history of drunk driving convictions, responded months later with a handwritten countersuit 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."
 
In his lawsuit, Weaving wrote that had the Kenneys "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."

"It drags the pain on," said Joanne Kenney, a stay-at-home mom with two other children, ages 2 and 13. "It's a constant reminder. Enough is enough. Can you just leave us alone and serve your time?"
 
Adding insult to injury is the fact that the Kenneys are paying an undisclosed amount of attorney's fees while Weaving filed his claims for free because he's considered indigent.

The Kenneys say Weaving's license should have been permanently revoked in 1999 under state law because of the five drunken driving arrests on his record since the late 1990s.  They're seeking permission from the state claims commissioner to sue the Department of Motor Vehicles and its commissioner, Robert Ward.  The department has acknowledged it made a mistake in not revoking Weaving's license and said it has taken steps to prevent similar problems.

Joanne Kenney, 42, calls Weaving's claims "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."

—Source:  The Middleton Press (CT)