A Manhattan judge refused earlier this month to toss out negligence claims against Juliet Breitman. She, her mother and others are being sued by the estate of a woman who said she was severely hurt when hit by bicycles that Juliet and a boy were racing down a sidewalk in April 2009.
The woman, Claire Menagh, died later that year.
Juliet was three months shy of 5. The judge says there's no evidence a child of that age couldn't appreciate "the danger of riding a bicycle into an elderly woman."
Lawyers for those involved didn't immediately return calls Friday night.