VTam raised a few points:

Just how fast can the little bikes (probably with stabiliser / training wheels) actually go?

What are the other facts? Did the deceased suddenly step into the path of bikes?

It was just an unfortunate accident. The son of the deceased clearly has no concept of a child's ability to judge and avoid such a situation.

Those are defense matters which will undoubtedly be brought up at the trial. The judge's ruling doesn't dispose of them. The judge's ruling only deals with whether the case may legally go forward to a trier of the facts, almost surely a jury.

The concept of "just an accident" has been thrown around by several posters. Yes, it was an accident, in that it was a mishap that almost surely was not an intentional striking of the old lady, but this is a suit for a negligent wrong, not for an intentional wrong.

As I read the linked article, I take it that the real target(s) of the suit is/are the mothers, with the claim that they were negligent in failure to control the child on the cycle, and that their carelessness caused the event and injury. The child seems to be merely a necessary party in order to get at mama.

Dave Oesterreich