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

Rob Blachowicz rob_blach at hotmail.com
Sat Aug 14 02:05:48 UTC 2010

We preach independence and we live what we preach. He should have had some 
sort of method.

From: "Jedi" <loneblindjedi at samobile.net>
Sent: Friday, August 13, 2010 9:59 PM
To: <nabs-l at nfbnet.org>
Subject: Re: [nabs-l] Blind man sues Wienerschnitzel over run-in with tree

> Well, if he did that, his arm would be quite tired by the end of the day. 
> After all, it sounds like this person didn't even know the tree was 
> coming. In that case, is he supposed to walk around town with his hand in 
> front of his face just in case something like this happens again? Just a 
> thought.
> For issues like this, I use echolocation to detect overhanging items. The 
> deaf-blind alternative would be a sonic guide or a hand guide. In any 
> case, once I get a sense that something loarge is in front of my face, I 
> slow down, either put my hand in front of my face to block the object, or 
> hold my cane near verticle to get both ground coverage and overhead 
> coverage. This generally works well enough accept in instances where the 
> branch is so small that it would be difficult to echolocate for the 
> average blind person. In that case, I generally prefer to wear dark 
> glasses partially for eye protection (and for other reasons as well).
> Does anyone else have techniques on this issue they'd like to share?
> Respectfully,
> Jedi
> Original message:
>> 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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