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

Sat Aug 14 03:30:51 UTC 2010

Dennis,
  But couldn't there be room to argue if this was, in fact, a
hazardous condition or just negligence on the part of the blind
pedestrian?
  With respect,
Kirt

On 8/13/10, Dennis Clark <dennisgclark at sbcglobal.net> wrote:
> Hello Jessica,
> Do you really walk around all the time with your arm up guarding your face
> to ensure that you don't run into anything at face level.  If so, you must
> look quite strange to sighted people, and your arm must be very tired.
>
> Seriously though, speaking as a lawyer, the law is quite clear concerning
> hazardous conditions, and when injuries result from hazardous conditions the
> party or parties who created the condition are responsible for the injuries.
> The only question is which party is responsible for the hazard in this
> particular jurisdiction, because this varies from state to state.  The
> responsible party will be either the city, the building occupant or the
> building owner, or possibly a combination of all three.  The lawyer
> representing the injured party does not get to choose who he believes is
> responsible, because that is a decision for the court.  As a result all
> possible responsible parties must be sued, and the case will be dismissed
> against the non responsible parties, but this must be done by the judge.  If
> the attorney were to decide for example, that in his opinion only the
> building owner is responsible and he then gets to court and the judge says
> that the city is actually responsible and the attorney did not include the
> city in the suit, the attorney has committed malpractice.  This area of law
> is called torts, and this is how it has worked for hundreds of years in
> England, Canada and the U.S.
> Best,
> Dennis
>
> ----- Original Message -----
> From: "Jess sA Mobile" <jess28 at samobile.net>
> To: "'National Association of Blind Students mailing list'"
> <nabs-l at nfbnet.org>
> Sent: Friday, August 13, 2010 7:43 PM
> Subject: Re: [nabs-l] Blind man sues Wienerschnitzel over run-in with tree
>
>
>> 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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