The minor Plaintiff, 13, was operating 4 wheel ATV at his friends house in Rhode island, when he was struck, severely fracturing his ankle, by an oncoming vehicle as he entered the roadway. The plaintiff alleges that he was not paying attention as he was attempting to avoid being hit by snowballs being thrown at him by one of the other teenagers present on the site.
The Plaintiff alleged that homeowner was negligent in allowing the Plaintiff and the three other minors present to operate the ATV on the street and without any supervision or guidance as well as a claim against the homeowners policy of the young man that was pursuing him while on the ATV and the operator of the vehicle that struck him. All of the defendants denied the allegations. Brian Cunha, from Brian Cunha & associate requested mediation and the case was successfully settled at a mediation before William Poore in RI with each party contributing to the settlement.