Handy v. Speth

Blackburn, Judge.

On October 7, 1989, Marie Speth drove down a residential street looking for her daughter’s lost puppy, and stopped beside a group of playing children to ask if they had seen it. After making the inquiry and getting back into her vehicle, Speth looked around for the children and then began to drive away. Almost immediately, she struck the appellant, two-year-old Gabrielle Handy.

Handy’s mother subsequently commenced this action against Speth, seeking to recover for personal injuries sustained by the child. Following trial in the matter, the jury returned a verdict in favor of…