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

[David Andrews]

Do you really think that it is reasonable for a 
blind person to have to hold his/her arm up over his/her head all the time.

I don't think so!

Dave

At 09:43 PM 8/13/2010, you wrote:
>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. > Noww, 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 ffor 
>the Deaf and the Blind — got off a > bus near 
>the Wiienerschnitzel 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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                         David Andrews:  dandrews at visi.com
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