Man Who Killed Teen Sues Victim's Parents

By LeAnne Gendreau and wire reports
|  Monday, Nov 15, 2010  |  Updated 12:34 PM EDT
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Mug Shots: Athletes Who Have Run Afoul of The Law

A prisoner is suing his victim’s parents because he wasn't wearing a helmet.

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David Weaving struck and killed a teen in 2007 and now he is suing the parents because the boy was not wearing a helmet when he was riding his bicycle that day.

Matthew Kenney, 14, was riding his bike on Route 69 in Prospect on April 27, 2007 when Weaving, 48, sped by another car at 80 miles per hour and struck Kenney.

The popular seventh-grader suffered severe head and internal injuries, broken bones and lacerations. He was declared brain dead the next day.

Kenney's parents, Stephen and Joanne, sued Weaving shortly after he was sentenced last year to 10 years in prison, accusing him of negligence and asking more than $15,000 in damages.

Weaving, who has a history of drunken driving convictions, responded with a handwritten countersuit accusing the Kenneys of "contributory negligence" because they allowed him to ride his bike in the street without a helmet.

He's also asking for more than $15,000 in damages, saying he has 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."

Kenney’s mother said the lawsuit is "unbelievable."

Weaving is filing his claims for free because he's considered indigent; a judge has waived $500 in fees so far.

"I just think it's crazy that they have the ability to do this behind bars," Joanne Kenney 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."

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