daughter's first name?
>> Journei.
>> Judge Judy: Can you come up
here?
I have a couple of questions for
you.
Have a seat, Journei.
You're 7?
>> Yes.
>> Judge Judy: You remember the
day of this accident, right?
>> Yes.
>> Judge Judy: You were going
across to visit your friends
across the street?
>> Yeah.
>> Judge Judy: So you remember
running up the street?
>> Yes.
>> Judge Judy: Tell me what
happened.
>> I, um, looked both ways and
then I get hit.
>> Judge Judy: Okay, why don't
you go have a seat?
I understand why your attorney
dropped the case.
He dropped the case probably
because the insurance probably
didn't cover the defendant as a
driver of the car.
That's a possibility.
It also is a possibility,
Mr. and Mrs. Green, that they,
like I -- the attorneys, said,
"You know what?
This was a terrible accident,
and very unfortunate.
There's no question that the
defendant wasn't speeding.
So in order to find in your
favor, I have to find that he
was negligent.
Do you understand?
It's not just because an
accident happened that somebody
is financially liable.
Somebody is financially liable
if they actually are at fault.
Now, you didn't see the
accident.
>> No, ma'am.
>> Judge Judy: Who do you think
is at fault?
>> I believe he is.
>> Judge Judy: And what about
you?
And your wife?
>> I believe we share some of
the blame.
>> Judge Judy: That's true.
That's part of what we call
responsibility.
>> Yes, ma'am.
>> Judge Judy: So you and the
defendant share some of the
responsibility because you
didn't do what you were supposed
to do, which is watch your
child.
She's too young to be crossing
the street without somebody
shepherding her across the
street.
>> Right.
>> Judge Judy: And then, the
next part of it is, what could
Mr. Smith have done to avoid the
accident?
He wasn't speeding.
He was going very slowly
because, if he wasn't, she would
have been dead, right?
There's no question about that.
She's a little girl, she has
little bones, and she fractured
a bone.
Who do you think is responsible
for her pain and suffering, if
you're partially responsible
for her injury?
>> Well, I believe him due to
the fact that there were
multiple adults outside at the
scene.
There were numerous children
outside, and although I was not
physically at the accident, she
was outside with her friend's
mother and father who were up on
the porch.
>> Judge Judy: Then they didn't
watch her carefully enough.
>> Yes, they watched her.
>> Judge Judy: They didn't watch
her carefully enough.
If they watched her carefully
enough, she wouldn't have gotten
hit by a non-speeding car.
What you're suing him for is for
$5,000, and part of that is for
your lost wages.
>> Yes, ma'am.
>> Judge Judy: Well, since
you're responsible as a parent
for this accident, for not
taking care of your daughter,
you don't get lost wages.
You're responsibility is to
watch your child, so your
lawsuit for your lost wages and
taking care of your daughter is
dismissed.
The next part of your lawsuit
is, you're asking for pain and
suffering for your daughter.
And for that, you have to bear
at least part of the
responsibility, because you're
her parents.
She darted out between the cars,
and how am I supposed to find
him guilty of negligence?
There was an investigation.
He was not cited by the police.
Was he not paying careful enough
attention?
The only thing that you said to
me, Mr. Smith, that suggests to
me that your eyes were deflected
for a moment is you said to me,
at some point, right before the
impact with Journei, you looked
over and waved hi to a friend.
>> Yes, ma'am.
>> Judge Judy: And that was
honest.
So for that split second, you
took your eyes off the road.
>> Yes, ma'am.
>> Judge Judy: So I think there
has to be some responsibility
for that.
Certainly not $5,000 worth of
responsibility, because the
majority of that belongs to you.
Anyway, I'm not awarding you
$5,000 as you requested, but I
think that even Mr. Smith -- I
think he understands that he
does bear some responsibility.
But I believe that the majority
of the responsibility for
protecting Journei is yours,
'cause you're her parents, and
you didn't do that on the
4th of April.
I'm awarding you $1,000 for her
pain and suffering, but that's
for her.
Not for you.
Anyway, she's a cute little
girl.
Judgment for the plaintiff in
the amount of $1,000.