Pino Ex Rel. Pino v. Szuch

. MILLER, Chief Justice:

The plaintiff, Brenda Pino, as mother and next friend of Patrick S. Pino, an infant under the age of eighteen years, who was eight years of age at the time of the accident, appeals from a final order of the Circuit Court of Fayette County, dated April 9, 1990, denying her motion for a new trial. On appeal, the plaintiff contends that the jury was erroneously instructed about the rebuttable presumption that children between the ages of seven and fourteen lack the capacity to be negligent. We agree.

On September 19, 1981, Patrick S. Pino (Shawn) was riding his bicycle in…