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

Jedi loneblindjedi at samobile.net
Sat Aug 14 01:30:56 UTC 2010


The tree could be an annoying obstacle for anyone, particularly tall 
people. And yes, it is true that tall blind people who don't use guide 
dogs or some sort of hand guide device/echolocation are going to miss 
those overhead branches. However, suing could set a bad precedent as it 
would reaify the notion that obstacles of any kind are hazardous to 
blind people because we are blind; the public may take this incident 
and generalize it to all obstacles whether they're really an 
inconvenience to one/all of us or not.

Respectfully,
Jedi

Original message:
> 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.


> __._,_.___


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

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