Roberts v. Ring

Seven-year-old John Roberts ran out from behind a buggy directly into the path of a car driven at four to five miles per hour by Ring (defendant), a 77-year-old man with hearing and vision impairments; Ring saw the boy but failed to stop in time and struck him, causing injury. Roberts's father (plaintiff) sued on the boy's behalf, and the trial court ruled for Ring, finding the boy comparatively negligent for running into the street. Roberts appealed, arguing a child's own conduct should be judged by a child's standard, not an adult's.