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

Dezman Jackson jackson.dezman at gmail.com
Sat Aug 14 20:06:46 UTC 2010


I don't care what anybody says, but I can garantee that none of you walk 
around with your forearm up all day.

Dezman
----- Original Message ----- 
From: "Valerie Gibson" <valandkayla at gmail.com>
To: "National Association of Blind Students mailing list" 
<nabs-l at nfbnet.org>
Sent: Friday, August 13, 2010 10:03 PM
Subject: Re: [nabs-l] Blind man sues Wienerschnitzel over run-in with tree


I do not think that the guy should keep his hand up all day. that would look 
a bit silly to me, and isn't the goal to fit into the sighted world?

His cane could have easily missed the tree; that's understandible, but think 
about it from a scientific point of view.  Can you imagine how fast the man 
must have been w walking to have a  tree knock him down?

And why hadn't the man noticed the tree before? was this a new place? if so, 
why was he walking so fast?
On Aug 13, 2010, at 9:14 PM, Sarah Alawami wrote:

> I do. If I feel a shadow infront of me my hand goes up this would be my 
> right hand if I'm working my dog or my left hand if I don't have anything 
> in it when using my cane.
> On Aug 13, 2010, at 6:59 PM, Jedi wrote:
>
>> 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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