Driver Who Killed Teen Suing Victim's Parents

He claims they are at fault for allowing son to ride bike in street
By Evann Gastaldo,  Newser Staff
Posted Nov 14, 2010 5:44 PM CST
This undated photo released by Joanne Kenney shows her late son Matthew Kenney, who was struck and killed while riding a bicycle in 2007.   (AP Photo/Courtesy Joanne Kenney)
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(Newser) – David Weaving, a 48-year-old with five drunk driving arrests, was convicted last year of running over and killing 14-year-old Matthew Kenney—but now he’s suing Matthew’s parents. Weaving was accused of unsafely passing a car at 83mph in a 45mph zone when he struck Matthew, who was riding his bike; though not charged with drunken driving in this case, he was convicted of manslaughter and sentenced to 10 years. Matthew’s parents sued him for negligence and are seeking more than $15,000 in damages; Weaving responded with a countersuit accusing them contributing to the accident by allowing Matthew to ride in the street without a helmet.

Weaving is also seeking more than $15,000 in damages for, among other things, his “great mental and emotional pain and suffering," the AP reports. He says Matthew was jumping his bike off a ramp near a friend’s driveway. The Kenneys claim Weaving’s license should have been revoked due to his drunk driving arrests in 1999 and are also attempting to sue the Department of Motor Vehicles for that mistake. Joanne Kenney calls Weaving’s suit “unbelievable,” and tells the AP, “Enough is enough. Can you just leave us alone and serve your time?"

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