WH Rez loses suit for $2.9 million...

[Trev]

We should do something, write something, say something.

Not sure what exactly.. or what forum/venue.. but.. geesh..

 

[o3jeff]

Links to the court docshttp://blogs.courant.com/rick_green/2010/06/more-on-possible-ban-of-bikes.html

 

[severine]

Links to the court docshttp://blogs.courant.com/rick_green/2010/06/more-on-possible-ban-of-bikes.html

Thanks. My lawyer cousin will love the new documents that he can peruse to his heart's content. :lol:

 

[o3jeff]

Thanks. My lawyer cousin will love the new documents that he can peruse to his heart's content. :lol:

I don't see how she won this after reading them. They admitted she was going the wrong way(on a well marked trail) with her head down and hit a bright yellow gate that has been locked shut for about 6 months(since 9/11). Said MDC should of had signs for people going the wrong way and also have a "barricade" in front of the gate to keep people from hitting it and getting hurt while riding the trail the wrong way? wtf

And then in another document the referred to the mountain bike show she was on and had a tip about always riding with your head up so you don't hit something:-D

Someone on FB should plan a rally in front of her house.

 

[severine]

I don't see how she won this after reading them. They admitted she was going the wrong way(on a well marked trail) with her head down and hit a bright yellow gate that has been locked shut for about 6 months(since 9/11). Said MDC should of had signs for people going the wrong way and also have a "barricade" in front of the gate to keep people from hitting it and getting hurt while riding the trail the wrong way? wtf

And then in another document the referred to the mountain bike show she was on and had a tip about always riding with your head up so you don't hit something:-D

Someone on FB should plan a rally in front of her house.

Clearly whomever was on the jury has no clue about MTBing...or outdoor activities in general. I imagine when they picked the jury, that may have been somewhat intentional. Don't they get to ask leading questions to help them determine a certain sort of jury? Or is that just TV?

I could *almost* understand her wanting her medical bills covered, if it weren't for the fact that it's an at-your-own-risk kind of sport and she should have been aware of the risks when she got on that bike and owned up to the fact that she was an idiot for riding the wrong way and trying to duck a locked gate that in no way, shape, or form would have allowed a person of her stature to sneak underneath it.

But what she was awarded is far excessive, especially for someone who is out there participating in MTBing again, apparently running, selling fitness memberships, etc. How has her quality of life been affected so greatly as to require an extra $70K/yr for the rest of her life? Seems like she's still out there enjoying the stuff she did before...

Meanwhile, her stupidity may lead to the end of enjoying MDC for the rest of us. Boo.

 

[drjeff]

Clearly whomever was on the jury has no clue about MTBing...or outdoor activities in general. I imagine when they picked the jury, that may have been somewhat intentional. Don't they get to ask leading questions to help them determine a certain sort of jury? Or is that just TV?

I could *almost* understand her wanting her medical bills covered, if it weren't for the fact that it's an at-your-own-risk kind of sport and she should have been aware of the risks when she got on that bike and owned up to the fact that she was an idiot for riding the wrong way and trying to duck a locked gate that in no way, shape, or form would have allowed a person of her stature to sneak underneath it.

But what she was awarded is far excessive, especially for someone who is out there participating in MTBing again, apparently running, selling fitness memberships, etc. How has her quality of life been affected so greatly as to require an extra $70K/yr for the rest of her life? Seems like she's still out there enjoying the stuff she did before...

Meanwhile, her stupidity may lead to the end of enjoying MDC for the rest of us. Boo.

This so plain and simple seems to be a case of "well lets just sue them (the MDC) they're a big enough company that a couple of million judgement won't effect anything" :smash: :smash: :smash: :smash: What the heck has happened to personal accountability these days??? If YOU do something stupid, the consequences of YOUR actions should be YOURS!

 

[Paul]

My favorite part:

9. The jury’s conclusion that the plaintiff’s negligence was not greater than
fifty (50) per cent of the total negligence was not consistent with the evidence
presented.
Among the undisputed facts presented at trial were the following:
1. The gate was visible from 500 feet away (MDC police report, Ex. F; plaintiff’s
expert, Lance Robson)
2. The trail was straight and level for 500 feet so the gate was visible at all points
in between (William Kennedy; Lance Robson)
3. The gate was visible for “at least a couple of hundred feet” (John Grim)
4. The gate was “obvious” ( Paula Sturgess)
5. The gate was “definitely visible” (Jennifer Mazzocca)
6. The plaintiff was “racing” John Grim back to the parking lot (Jennifer Mazzocca)
7. The plaintiff was going “very fast” with her head down (Jennifer Mazzocca)
24
8. The plaintiff was in “speed mode” with her head down (Paula Sturgess)
9. When other witnesses first saw closed gate, they had no difficulty going under or
around it (John Grim, Jennifer Mazzocca and Paula Sturgess)
10. The plaintiff was “flying” (Ex. F; plaintiff’s admission)
11. The plaintiff was traveling 20 to 30 mph (Ex. F; plaintiff’s admission)
12. The plaintiff had her head down for about 10 seconds (plaintiff’s admission)
13. 20 to 30 mph is about 37 feet per second - a “good clip” (Lance Robson)
14. Keeping head down for 10 seconds was “dangerous” (plaintiff’s admission)
15. Keeping head down for more than a few seconds is unsafe (Lance Robson)
Based on the evidence presented at trial, the conclusion that the plaintiff was more than
50% responsible for the accident and her own injuries was inescapable. The jury’s conclusion
that she was not was, therefore, influenced by partiality, prejudice or sympathy.

 

[bvibert]

My favorite part:

I didn't read far enough to catch that part. Good stuff. It further makes one wonder WTF the jury was smoking when they reached their decision?? Maybe they were paid off??? There's not much about this case that makes sense.

 

[o3jeff]

From the lawyers web site
http://www.strattonfaxon.com/news/2010-news/cyclist-brokenneck5.2010.pdf

 

[Paul]

From the lawyers web site
http://www.strattonfaxon.com/news/2010-news/cyclist-brokenneck5.2010.pdf

I read it.

Bullshit.

 

[drjeff]

Feel free to join the Facebook page againt this ridiculous award!

http://www.facebook.com/#!/group.php?gid=122890587737245

 

[bvibert]

From the lawyers web site
http://www.strattonfaxon.com/news/2010-news/cyclist-brokenneck5.2010.pdf

Gee, thanks for sharing that wonderful piece of shit.

 

[ski_resort_observer]

This is why the majority of liability lawsuits get settled before they goes to trial. Since in this case " that ship has sailed" I would think the judgement will be appealed and in like many cases like this the award could be overturned. More cost for the defendant tho.

One time years ago a lady sued the JH resort cause she slipped on some ice and injured her hip. She sued for big bucks, we wanted to fight the case but managedment decided the settle out of court and she was paid $30,000. We thought it sucked but looking at the big picture it probably wasn't a bad choice.

 

[bvibert]

Public hearing coming up on July 20th:

http://blogs.courant.com/rick_green/2010/06/enjoy-those-walks-and-bike.html

This could affect all MDC land, including swimming at Lake McDonough in Barkhamsted. It's not just bikers and walkers that are going to lose a resource...

 

[bvibert]

Click here to add your name to the list of friends of the MDC, who don't want to see it closed.

http://www.savethemdctrails.org/friends/friends.htm

 

[bvibert]

SaveTheMDCTrails.org also has an online petition here:
http://www.thepetitionsite.com/1/fixtherecreationliabilitylaw

 

[drjeff]

done

 

[mlctvt]

I just received this notice from the CT AMC. Public hearing on July 20th....



July 20th Public Hearing on Closing MDC Lands to Recreational Use

Many of us in metro Hartford use the MDC's fine public lands for walking and cycling. In May, a Superior Court jury awarded $2.9 million to a mountain biker who was injured at the Metropolitan District Commission (MDC) Reservoir property in West Hartford. In response to this surprising verdict, the MDC is considering a closure of its lands to all recreational activities. Savethemdctrails.org has taken the position that Connecticut’s Recreational Liability Statute must be fixed in the Legislature to ensure this doesn’t happen again. Although the Statute provides strong protection for private landowners and utilities, the liability protection for municipalities (MDC is a nonprofit municipal corporation) has been eroded through Court decisions over the past 15 years. If you share our concerns on this issue and potential chilling effect that it will have on maintaining recreational access to other town facilities, please consider attending this public hearing before the MDC’s Water Bureau that will be held on July 20th in the Auditorium at Town Hall in West Hartford starting at 5:30 p.m. You can also support this cause through joining the list of Friends and/or through signing an online petition on this matter which can be reached via www.savethemdctrails.org

 

[bvibert]

Good to see other organizations and user groups spreading the word!

 

[drjeff]

The local Hartford NBC station did a story tonight about the grass roots efforts via the online petition and the FB group page to keep the MDC property open for rec use! They also mentioned about how the city of Hartford and toe of West Hartford councils have passed resolutions essentially asking the state legislature to pass a law éssntially preventing monetary judgements againt public utilities in cases like this