The ruling by King's County Supreme Court Justice Paul Wooten stems from an incident in April 2009 when Juliet Breitman and Jacob Kohn, both aged four, struck an 87-year-old pedestrian, Claire Menagh, with their training bikes.
Menagh underwent surgery for a fractured hip and died three months later.
In a ruling made public late Thursday, the judge dismissed arguments by Breitman's lawyer that the case should be dismissed because of her young age. He ruled that she is old enough to be sued and the case can proceed.
"For infants above the age of 4, there is no bright-line rule," Wooten wrote, adding that the girl had been three months shy of turning 5.
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