A Connecticut driver serving a 10-year sentence for manslaughter after he ran over and killed a 14-year-old cyclist is suing the victim's parents for negligence because they allowed their son to ride without a helmet. David Weaving, 48, has issued legal proceedings from his prison cell against his victim's parents, accusing them of "contributory negligence".

The suit demands $15,000 (£9,300) in damages, claiming that Stephen and Joanne Kenney's failure to protect their son Matthew was a factor in his death and thus caused the prisoner "great mental and emotional pain and suffering".

Weaving was found guilty by a jury in December 2008 of manslaughter and other charges after the court heard he had driven at 83mph in a 45mph zone in Connecticut. His record showed that he had been arrested on five previous occasions for drunk driving.

His legal move was a response to the decision of the Kenneys to sue him for $15,000 in damages for negligence in the killing of their son.

Joanne Kenney said his countersuit was compounding the original hurt. "It drags the pain on," she said. "It's a constant reminder. Enough is enough. Can you just leave us alone and serve your time?"

While the Kenneys are incurring legal fees in the prosecution of their claim, Weaving has so far been able to press his case free under a state provision that grants him legal representation as a person of no income.

In his handwritten lawsuit, Weaving says that had the Kenneys "complied with the responsibilities of a parent and guardian and the laws of this state and not allowed their son to ride his bicycle without a helmet ... this incident and Matthew's death would not have happened".

He stated as a result his conviction had been wrong and he had lost his "capacity to carry on in life's activities".