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

Sat Aug 14 13:24:35 UTC 2010

Assuming that the law is on the side of the guy filing the suit, at what point does it become defensible to say that we 
don't have the right to travel because our safety can't be guaranteed?  The long term answer is for us to have devices 
that help us detect such things, and some of us have tried to work in that direction.  

On Fri, 13 Aug 2010 21:30:51 -0600, Kirt Manwaring 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
>>>
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>>
>>
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