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

Sat Aug 14 02:01:51 UTC 2010

It seems unreallistic that someone should have to have their arm out  
all the time in a defensive position. On the other hahand, if the tree  
branch was large enough to knock a grown man over, could it not be  
argued that he shoulda have perceived the tree through object  
perception? Unless he had a hearing impairment? Then again, couldn't  
this tree be a hazard for anyone?
It seems to set a dangerous precedent all round though. There's got to  
be a better way.

Quoting Jess sA Mobile <jess28 at samobile.net>:

> Hi All,
> This is ridiculous   the guy should have been using not only his   
> cane but he should have also had his arm up in a protective way so   
> that he knew the tree was going to be coming up. The city may not be  
>  able to do anything because especially if the tree roots are going   
> under the sidewalk it would most likely cost them to much to have to  
>  cut up the sidewalk pull out the tree and redo the sidewalk. I  
> lived  on the West Side of Salt Lake for five years. And, I did see  
> that  sometimes.
> Jessica
>
> -----Original Message-----
> From: nabs-l-bounces at nfbnet.org [mailto:nabs-l-bounces at nfbnet.org]   
> On Behalf Of Jedi
> Sent: Friday, August 13, 2010 7:31 PM
> To: nabs-l at nfbnet.org
> Subject: Re: [nabs-l] Blind man sues Wienerschnitzel over run-in with tree
>
> 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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