This section contains the nature of the case and procedural background.

P was 66 and walking along a rural road with no sidewalk when five-year-old D collided with her while he rode his bicycle. P fell and suffered a fractured hip. It was daylight outside, the pavement was clear and dry, and no other pedestrians, automobiles, or bicyclists were present. The roadway in the area was straight and flat. P alleged D's parents negligently failed to (1) instruct their son on the proper use of his bicycle, or (2) supervise him while he rode his bicycle on a public roadway because they knew or should have known that his youth would prevent him from considering the safety of pedestrians. P alleged that her injuries were proximately caused by the parents' failure to supervise their son or teach him how to use his bicycle properly. In count II, P generally asserted that D negligently caused the collision. Ds filed a motion to dismiss. The trial court granted the motion, concluding that D's youth rendered him incapable of negligence and P failed to allege specific facts that would have put D's parents on notice that he might ride his bicycle negligently. P appealed.

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