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

David Andrews dandrews at visi.com
Sat Aug 14 11:31:37 UTC 2010


It could also be argued that it was negligence on 
the part of the property owner in that a branch 
stuck out over the sidewalk, at a height that 
some people would encounter.  I wouldn't be 
surprised if there isn't a local ordinance against this!

Dave


While a lawsuit may not be the right solution, I 
think most of you are far to quick to blame the 
blind guy.  This could have happened to any of us!

Dave


At 10:30 PM 8/13/2010, you wrote:
>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
> >>

                         David Andrews:  dandrews at visi.com
Follow me on Twitter:  http://www.twitter.com/dandrews920





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