LITTLE NECK, N.Y. (WPIX) -- It's the oldest story in the book: child runs toward ice cream, allegedly knocks elderly woman over, woman sues child. It's the premise behind a lawsuit filed in Queens Supreme Court and according to the plaintiff's lawyer it's not a silly case.

Former teacher's aide Rosanna Tomack claims she was seriously injured when then-8-year-old Joseph Cicak slammed into her when he made a mad dash for some ice cream in PS94 in Little Neck back in 2006.

Tomack, 62, claims her back injury was so severe she was forced to go to the hospital and undergo spinal fusion surgery. According to the lawsuit, Tomack hasn't been able to return to work since the incident.

Tomack's lawyer, Edmond Chakmakian said the children were specifically told not to run and the 8-year-old broke the rules, sparking the incident.

"It's a legitimate case. It's not silly," Chakmakian told the New York Post.

The former teacher's aide is reportedly suing the child's parents under the insurance policy that covers the family's home.

As far as the flavor of the ice cream involved in the incident, it is still not known.