[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 18:31:22 UTC 2010

John,

Yeah, there have been a few times I was unclear as to whether to fuss about
something that was out of whack because of poor maintenance that created a
legitimate overall safety issue.  Like you, I tend to not fuss, just
remember where it is and move around it.  Although I have been known to run
into the sides of cars parked across the sidewalk with my cane, especially
when I'm using one of the ones that will leave a little white streak on the
car door...  Well, sometimes I just do that naturally, but sometimes I can
detect the presence of the car and decide to find it with my cane anyway...
Especially if the car is creating a problem that requires me (and everyone
else) to either veer into the street and navigate around a bunch of parked
cars to get back or facing having to squeeze through the six inch space in
front of the car having gone up a steep incline to get there and fight with
some bushes....  Makes me grumpy.  /smile/

Dunnno, though.  Usually it's just private homes in quiet neighborhoods
where I encounter that, so unless it's something huge and egregious, I don't
worry about slightly overgrown bushes and the like.  If it were major city
property or a public business or something, I would think about it
differently, but don't know what I would do since I have not encountered
that yet. 

Tami Smith-Kinney

-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf
Of John Doering
Sent: Saturday, August 14, 2010 11:44 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

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-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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