Perricone v. DiBartolo

Mr. PRESIDING JUSTICE DEMPSEY

delivered the opinion of the court:

The plaintiff, Thomas Perricone, an eighth-grade grammar school student, 13 years and 10 months of age, brought this action for injuries which he sustained in a collision between his gasoline-powered minibike and the automobile of the defendant, Mrs. Connie DiBartolo. After his case had been presented to the jury, the trial judge directed a verdict for Mrs. DiBartolo on the basis that he was, as a matter of law, guilty of contributory negligence. In this appeal the plaintiff contends the following: the rule holding a minor who…