[nagdu] I think this point is importent for cross-posting: Re:[nabs-l] Blind man sues Wienerschnitzel over run-in with tree

Sat Aug 14 19:41:08 UTC 2010

But, the sidewalk is not the issue here as it is apparently still clear, correct?  I would be looking at any city ordinance governing the property owner's responsibility to have trees trimmed at a certain height...as most municipalities do have some clause interwoven regarding keeping sidewalks clear of debris.  It appears to be more of an issue of happenstance, as we don't know if the weather had played a factor to where the tree bow was lowered due to recent rains, weakened by an act of nature, or something else.  I too have been smacked in the face by branches, and disregard it as just one of those things.  It was very likely that this was not an intential act by the business owner, and at the very very most, a potentially negligent act.  However, what strikes me as most odd is that he was allegedly knocked to the ground...too strange.  That had to be one heavy, thick, large branch to knock down a 6 foot 5 inch dude, which, if I am thinking on the right track here, are generally located near the trunk of the tree.  And if he is eating a winerschnitzel and operating his cane at the same time, isn't this similar to texting or talking on a cell phone while driving?  At some level, he bears some responsibility.  And, this of course are just my humble thoughts for the day.  

Steve

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf Of John Doering
Sent: Saturday, August 14, 2010 1:44 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] I think this point is importent for cross-posting: Re:[nabs-l] Blind man sues Wienerschnitzel over run-in with tree

William,
I do not know if I would be so harsh with this person.  The article states the tree grew across the sidewalk.  It is the property owner's duty to keep the public sidewalk clear so it can be used.  Of course, I do not know the situation with the tree, but say a sighted person was forced to step into the street to avoid the tree and was hit by a car, would they not have a case to sue the property owner because the tree prevented normal use of the side walk?  We as the blind should not require any special treatment under the law, but we as the blind also should have the same rights as the sighted to sue when a property owner does not maintain there property in such a way that it prevents normal use of the public sidewalks.  I have gotten several branches in the face while walking the public sidewalks, but was never injured.  Some of these branches force a person to crouch lower than 4 feet to get under the branch.  I have also come across bushes which have grown out so as to force the walker to leave the side walk.  I have not reported these properties as I maybe should of, but if I have this happen again, I just might.

Regards,
JD

----- Original Message -----
From: "William ODonnell" <william.odonnell1 at yahoo.com>
To: <nabs-l at nfbnet.org>; <nagdu at nfbnet.org>; <promotion-technology at nfbnet.org>
Sent: Saturday, August 14, 2010 1:20 PM
Subject: [nagdu] I think this point is importent for cross-posting: 
Re:[nabs-l] Blind man sues Wienerschnitzel over run-in with tree

>I want to cross post because this topic infuriates me.
> Stories like this make me want to say the following to the individual 
>who  sued or who is planning to sue because of a tree near a sidewalk:
> Dear sir/madam, I would like to thank you for reinventing the wheel of  
>negativity towards the blind as well as keeping old stereotypes alive 
>and  thriving about us as careless people in need of special demands. 
>We are  demanding blind people who will radically demand hour way 
>because we are  “blind people.” I am a blind person who feels that 
>society owes us  nothing.  Thank you for making me and others work 
>harder at fixing the  damage you caused.  A sudden careless action from 
>individuals such as you  will easily undo efforts of extensive 
>leadership, education, legislation,  etc.  Put yourself in the shoes of 
>the next blind person who may decide to  rent an apartment, seek 
>employment, or just attempt to make a new friend  or establish a 
>relationship with a member of this company.  You just set  the 
>precedent that they need to be mindful of us in such a horrible  
>context.  The next time you are told that someone is denied because 
>they  suspect discrimination of  blindness, I want you to adequately 
>reflect on your actions.  I hope you  lose in court.  I hope they see 
>that this is an individual acting as if  they are owed something from 
>society and not a poor blind person who is  inadequate, untrained, and 
>most importantly demanding of society to  revolve around them.  
>Sincerely,
> -Will-
>
>
> --- On Fri, 8/13/10, Arielle Silverman <nabs.president at gmail.com> wrote:
>
>> From: Arielle Silverman <nabs.president at gmail.com>
>> Subject: [nabs-l] Blind man sues Wienerschnitzel over run-in with 
>> tree
>> To: nabs-l at nfbnet.org
>> Date: Friday, August 13, 2010, 6:53 PM 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-wienersch
>> nitzel-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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