Peachtree City is denying it is liable for the injuries suffered by a 13-year-old child who was hit while crossing in a golf cart crosswalk in September 2004.

In court filings, the city claims that it had no knowledge of any condition at the crosswalk on Peachtree Parkway at the Ruby Tuesday’s restaurant that created a nuisance. That is contrary to the claims of the suit filed by Brian and Nora McConnell on behalf of their son, Christopher McConnell. The suit claims the city was aware of “numerous accidents, collisions and injuries at the crosswalk” but failed to correct the dangerous condition.

“No matter how egregious plaintiff’s minor ward Christopher McConnell’s injuries, this defendant cannot be legally responsible for any damage suffered by plaintiffs from an act of mere negligence if no nuisance was known to exist,” the city responds in its court filing.

The city also claims that the youth was the one who was negligent by failing to use caution that could have avoided the injuries.

The suit also named Katherine Hoover, the driver of the car, as a defendant. In court papers, she denies her liability for the injuries, saying they were not caused “by any act or omission” on her part. Hoover also contends it was the youth who was negligent in the matter.

McConnell’s attorney said the child had a pelvic fracture and also required ACL surgery on his left knee. He was actually struck twice, first by Hoover’s car and then by a second vehicle after he initially fell to the ground, according to court documents filed by the McConnells.

The city is asking the court to dismiss the case or grant a jury trial. The suit is pending in Fayette County State Court. The McConnells are seeking general damages and special damages, including the cost of past and future medical care.