[nabs-l] Blind man sues Wienerschnitzel over run-in with tree

[Arielle Silverman]

I thought this story was interesting. What do you think? Is the
lawsuit appropriate?

Arielle
Blind man sues Wienerschnitzel over run-in with tree

http://www.sltrib.com/sltrib/news/50092926-78/tree-reynolds-wienerschnitzel-suit.html.csp
By bob mims

The Salt Lake Tribune

Updated Aug 12, 2010 10:59PM
All Nathan Reynolds wanted was a hot dog. Instead, as the blind man
walked toward a Wienerschnitzel restaurant last year, he got a face
full of tree — and severe neck injuries.

Now, the 36-year-old Utah County man has filed a personal injury
lawsuit against the owners of the Wienerschnitzel at the corner of
North Temple and 800 West in Salt Lake City.

The complaint contends that on June 9, 2009, Reynolds — who had been
on his way to the Utah School for the Deaf and the Blind — got off a
bus near the Wienerschnitzel to get a meal. As the 6-foot-5 man
navigated toward the entrance with his cane swinging in front of him,
he hit the tree, which the suit contends had encroached on the
sidewalk.

“The tree struck him squarely in the face and knocked him to the
ground,” states the suit, filed Tuesday. “The tree was allowed to grow
in such a way that it was impossible for Mr. Reynolds to detect its
presence by use of his cane.”

The suit argues that because the tree was “rooted in the ground far to
one side of the sidewalk and [had grown] diagonally across the
sidewalk,” it had become a “clear hazard.”

Reynolds seeks unspecified reimbursement for past and future medical
expenses, lost income, and pain and suffering stemming from alleged
negligence in the maintenance of the tree.

Along with Grundmann Enterprises of South Jordan, the owner of the
eatery, Reynolds’ 3rd District Court suit names Salt Lake City Corp.
and five John Does as defendants. Reynolds seeks a jury trial; 3rd
District Judge Sandra Peuler has been assigned the case.

Daniel J. Grundmann of Grundmann Enterprises declined to comment
Wednesday, noting he had not yet been served with the suit.

Tom Amberger, vice president of marketing for Irvine, Calif.-based
Galaradi Group Inc., which runs Wienerschnitzel, also declined to
discuss the case. “We are unaware of this lawsuit and will look into
it,” he said.

Ed Rutan, city attorney for Salt Lake City, would not comment, either,
citing the pending nature of the litigation.


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-- 
Arielle Silverman
President, National Association of Blind Students
Phone:  602-502-2255
Email:
nabs.president at gmail.com
Website:
www.nabslink.org