Seems like the judge isn't saying anything about liability, only that the case can go forward.

IMO, the parent is the culpable party. Parents are responsible for the actions, particularly supervised actions, of their minor children. That seems pretty open and shut, but a judge or jury will get to decide in this case. The affected party, the old lady, is out of the picture, but her estate is reasonably entitled to compensation just as if a careless car driver had driven up onto the sidewalk and struck and killed her. It really doesn't matter that in this case it was a 4, almost 5, year old child.

Sg