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

autTeal Bloodwortho tealbloodworth at gmail.com
Sun Aug 15 18:32:54 UTC 2010


Hi List

i havent been keeping up with this topic but i have a question. Was this guy 
even hurt or was his pride jeopardized? had he had experience on this 
particular sidewalk?

        -Teal
----- Original Message ----- 
From: "Steve Jacobson" <steve.jacobson at visi.com>
To: "National Association of Blind Students mailing list" 
<nabs-l at nfbnet.org>
Sent: Saturday, August 14, 2010 8:24 AM
Subject: Re: [nabs-l] Blind man sues Wienerschnitzel over run-in with tree


> 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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