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

Mon Aug 16 18:23:31 UTC 2010

Well, Cheryl, the other day one of the walls right here in the house leaped
into my way and smacked me right in the face!  I said that was very rude,
and told it about chainsaws and warned it to be careful in the future!

So you see, these things really do happen!  /grin/

Just read the actual story and am mulling, so haven't come up with serious
thought about the issue.  At a quick think through, I would like to know
more about the location and maintenance of said tree, especially as it
relates to the local zoning and planting and whatever else laws...

If the tree was within its rights to be where it was and to drape branches
over the sidewalk, then I would say that's a bummer for the guy it whomped
in the head, but that there is not a liablility issue...  I would suggest
then that man learn a way to walk around without hitting his head, but I
haven't figured that one out myself, at least not when I'm using my cane.
If there's something unexpected at head height for me, I find it with my
head.  That was a major pro for getting a guide dog in the first place on my
decision matrix.  /smile/

Anyway, those are just first thoughts, thinking I would be interested in
that information before I form a strong opinion.

If the tree was legal and not doing anything wrong or aggressive or illegal
by standing there with branches and stuff, I'm afraid I have to agree with
William's take on it.  Thanks a lot, dude, for demonstrating that us blind
people are just out to get the world to give us money and stuff and revolve
around us because it owes us!

In the meantime, I'll see if I can manage to walk around my own house
without being attacked by anything...  /grin/  Interestingly enough for a
day or two after the wall attacked me and I spoke so harshly to it, many
other stationary objects moved themselves into my way.  Coincidence????  I
think not! /grin/

Tami Smith-Kinney

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of cheryl echevarria
Sent: Saturday, August 14, 2010 11:30 AM
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

I am laughing a little here, the tree struck him in the face, what did it 
do, that one of the branches and hit the man, I seem to remember trees don't

do that.

The biggest compliment you can pay me is to recommend my services!

Cheryl Echevarria
Independent Travel Consultant
C10-10646

http://Echevarriatravel.com
1-866-580-5574
skype: angeldn3

Reservations at echevarriatravel.com
Affiliated as an Independent Contractor with Montrose Travel CST-1018299-10
Affiliated as an Independent Contractor with Absolute Cruise and Travel Inc.

----- 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 2:20 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-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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