At the trial, Ms Connell, from New York, told the jury that although she loved her nephew Sean she believed he should be held accountable for her injury.
She said that her nephew had become excited on seeing her at the party in Westport, Connecticut, in 2011. "All of a sudden he was there in the air, I had to catch him and we tumbled onto the ground. I remember him shouting, 'Auntie Jen I love you,' and there he was flying at me."
She said that although she was hurt, she did not say anything. "It was his birthday party and I didn't want to upset him."
But the injury later caused her problems, she said. "I live in Manhattan in a third-floor walk-up so it has been very difficult. And we all know how crowded it is in Manhattan."
She added: "I was at a party recently, and it was difficult to hold my hors d'oeuvre plate."
Her lawsuit claimed: "The injuries, losses and harms to the plaintiff were caused by the negligence and carelessness of the minor defendant in that a reasonable eight year old under those circumstances would know or should have known that a forceful greeting such as the one delivered by the defendant to the plaintiff could cause the harms and losses suffered by the plaintiff."
Experts in US insurance law agreed that state law required injury claimants to sue the parties responsible.
Peter Kochenburger, of the University of Connecticut School of Law, said: "In Connecticut and most states, if you have a claim against someone for negligence, you sue that individual, not the insurance company."
- nzherald.co.nz
