Both sides agree that Kenney and his friends were out biking around dinnertime April 27, 2007, when he was struck by a car and sustained serious injuries. When their son was declared brain dead the next day, his parents ended up donating Matthew's heart because "he had such a big one."
The Kenneys said their son was doing nothing wrong the night of the accident but Cates, the lawyer representing Weaving in his appeal, pointed out that the road where the boys were biking is a major thoroughfare with lots of traffic.
"I have kids I wouldn't let them play there," Cates said. "Forget about the helmet. What are these kids doing; that's a question."
Cates acknowledged the public outcry over an inmate's suing his victim's family but argued that most of the outrage "is generated by the way the story is played. I'll say it again," Cates said. "If somebody comes along and says I'm going to sue you, you would be nuts to say I'm just going to let it go."