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(Iowa City Press-Citizen)   Woman wins $1.2 million after riding bicycle through puddle   (press-citizen.com) divider line 112
    More: Stupid, bicycle accident, Coralville, drainage systems, Johnson County, traumatic event, Boy Scouts  
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13999 clicks; posted to Main » on 16 Mar 2013 at 2:45 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-03-16 10:37:48 AM
This is why we can't have nice things, or at least new things. Frivolous lawsuits like this prevent forward progress by making it too risky. I have a hard time believing that had this gone to trial the jurors would have found for the plaintiff.
 
2013-03-16 10:39:29 AM
the trail was built lower than designed and with almost no cross-slope despite an original design calling for a 5 percent slope in that section to allow for drainage. They also found that a plan to include a drainage system and tiles to handle erosion and runoff were removed during construction.

The agreement to build the trail said that a future deal would spell out who was responsible for "major maintenance," but that never happened.


Stupid tag is right subby, if you're referring to the parties who built and maintained the trail. A comatose GED in law could have won this case.
 
2013-03-16 11:07:36 AM
Yeah, I'm totally on the drooler's plaintiff's side on this one.
 
2013-03-16 11:13:31 AM

Bob_Laublaw: the trail was built lower than designed and with almost no cross-slope despite an original design calling for a 5 percent slope in that section to allow for drainage. They also found that a plan to include a drainage system and tiles to handle erosion and runoff were removed during construction.

The agreement to build the trail said that a future deal would spell out who was responsible for "major maintenance," but that never happened.

Stupid tag is right subby, if you're referring to the parties who built and maintained the trail. A comatose GED in law could have won this case.


You cut corners on standard safety practices and you deserve to get sued when someone gets hurt.
 
2013-03-16 11:24:20 AM

madcharlie: This is why we can't have nice things, or at least new things. Frivolous lawsuits like this prevent forward progress by making it too risky. I have a hard time believing that had this gone to trial the jurors would have found for the plaintiff.


Except of course for the clear failure to follow plans, to install drainage, or to maintain the trail, sure.
 
2013-03-16 11:29:59 AM
Bridgid Ruden of Coralville was wearing a helmet when she lost control of her bike May 24, 2008, on the North Ridge Trail after riding through a mud patch at the bottom of a hill, slamming her head on the pavement. The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.


Kinda surprised they didn't sue the helmet company too. But yea, a lot of negligence on side of the construction company/city.
 
2013-03-16 11:32:19 AM
Meh, I'll never be on  jury.  A bike trail at the bottom of a hill is muddy after rain?  You don't say.
 
2013-03-16 12:17:39 PM
Actual and punitive damages: How the fark do they work?
 
2013-03-16 01:48:43 PM

scottydoesntknow: But yea, a lot of negligence on side of the construction company/city.


I used to skydive. We were always really annoyed at the Airport Authority for not softening up the dirt around the airfield. Shouda sued 'em big time.
 
2013-03-16 02:49:42 PM

edmo: scottydoesntknow: But yea, a lot of negligence on side of the construction company/city.

I used to skydive. We were always really annoyed at the Airport Authority for not softening up the dirt around the airfield. Shouda sued 'em big time.


I've been on an airborne DZ. They do their best to make the ground as soft as possible.
 
2013-03-16 02:49:51 PM
She's a real Catch U Next Tuesday.
 
2013-03-16 02:50:26 PM

scottydoesntknow: Bridgid Ruden of Coralville was wearing a helmet when she lost control of her bike May 24, 2008, on the North Ridge Trail after riding through a mud patch at the bottom of a hill, slamming her head on the pavement. The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.


Kinda surprised they didn't sue the helmet company too. But yea, a lot of negligence on side of the construction company/city.


Helmets can't stop brain injuries unless they can magically stop inertia.

A new study just proved that. Not that basic physics could have handled it.
 
2013-03-16 02:50:26 PM

scottydoesntknow: Bridgid Ruden of Coralville was wearing a helmet when she lost control of her bike May 24, 2008, on the North Ridge Trail after riding through a mud patch at the bottom of a hill, slamming her head on the pavement. The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.


Kinda surprised they didn't sue the helmet company too. But yea, a lot of negligence on side of the construction company/city.


Helmets can only do so much. If the helmet functioned properly...and it probably did...then there's no grounds.

She deserved the win against the trail though. And when you consider not just loss of wages, but lifetime medical care...that's not even that much. :\
 
2013-03-16 02:50:56 PM
ninjamonkey.us
 
2013-03-16 02:51:36 PM
Ah, the city has to pay the bulk of this too. People wonder why cities and states are going bankrupt everywhere. Granted it's a lot of idiotic management, but having to pay out to morons like this isn't helping.
 
2013-03-16 02:52:23 PM
The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.

And she only got $1.2 million?

Oh sorry, subby, were we not supposed to read that far?
 
2013-03-16 02:52:48 PM

GAT_00: madcharlie: This is why we can't have nice things, or at least new things. Frivolous lawsuits like this prevent forward progress by making it too risky. I have a hard time believing that had this gone to trial the jurors would have found for the plaintiff.

Except of course for the clear failure to follow plans, to install drainage, or to maintain the trail, sure.


Yeah, I started reading prepared to be angry about a frivolous lawsuit, but finished the article angry at the city and school for irresponsibly cutting corners and neglect.
 
2013-03-16 02:55:10 PM

NephilimNexus: The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.

And she only got $1.2 million?

Oh sorry, subby, were we not supposed to read that far?


So when I trip and fall down my stairs, and break my brain, do I sue the apartment's owners? The landlord? The firm which built it? Because goddamnit someone other than me deserves to pay for my accident.
 
2013-03-16 02:55:54 PM
It'll just about pay for her medical expenses plus lawyer(s) fee(s) - Lawyer probably got 30%
 
2013-03-16 02:56:22 PM
Lawyer gets half off the top. Uncle Sam takes half of what's left. And she has to worry about strobe lights for the rest of her life.

Sucks to be her.
 
2013-03-16 02:56:25 PM
allowed water and mud to accumulate on that section of the trail and created a danger for cyclists.

Let me tell you a funny story about the sidewalk in front of my apartment.
 
2013-03-16 02:56:34 PM
Ruden has been unable to return to her work as a nurse practitioner at a neonatal unit at University of Iowa Hospitals and Clinics. She has since become an inspirational speaker, sharing the story of her injuries, her prolonged rehabilitation and what she calls a miraculous recovery, with medical groups. Her teenage son, Ryan, received a national award from the Boy Scouts after he was credited with saving her life in 2009, months after the accident, when she suffered a violent seizure at their home.

She benefited from that accident!  She has a fabulous new job and fame that she never would have gotten otherwise, and her son got a national Boy Scout award!  Why, she should be grateful!

This... *points shaky, accusatory finger*  this is an example of liberal trial lawyers run amok, and why tort reform is so vital to protecting the rights of America's Job Creators!
 
2013-03-16 02:56:41 PM
if it really did ruin her career, kudos to her
 
2013-03-16 02:56:49 PM

NephilimNexus: The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.

And she only got $1.2 million?

Oh sorry, subby, were we not supposed to read that far?


Actually I think this is a problem with how headlines format punctuation. This isn't the first time that a headline with $xx million dollars was supposed to show as $x.x million dollars.
 
2013-03-16 02:57:43 PM
This is why medical expenses are so high in the United States; ridiculous payouts like this.
 
2013-03-16 02:57:49 PM

ruetheday69: NephilimNexus: The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.

And she only got $1.2 million?

Oh sorry, subby, were we not supposed to read that far?

Actually I think this is a problem with how headlines format punctuation. This isn't the first time that a headline with $xx million dollars was supposed to show as $x.x million dollars.


I can't read.
 
2013-03-16 02:57:57 PM

IbiEvacua: NephilimNexus: The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.

And she only got $1.2 million?

Oh sorry, subby, were we not supposed to read that far?

So when I trip and fall down my stairs, and break my brain, do I sue the apartment's owners? The landlord? The firm which built it? Because goddamnit someone other than me deserves to pay for my accident.


Depends, did you trip because the stairs were full of water because some asshole decided to cut costs and not bother roofing the stairwell?
 
2013-03-16 02:59:27 PM

IbiEvacua: NephilimNexus: The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.

And she only got $1.2 million?

Oh sorry, subby, were we not supposed to read that far?

So when I trip and fall down my stairs, and break my brain, do I sue the apartment's owners? The landlord? The firm which built it? Because goddamnit someone other than me deserves to pay for my accident.


Were the stairs built to code? Were there any defects? No? Then your health insurance company ought to pay for it.

If you don't have it, the hospital will eat the cost of  stabalizing you, but tough titty on getting any help.

That answers your question about you falling down your stairs.

Now, this woman has had her life stolen from her due to negligence on the part of the owner/operators of the trail. That's why this is different. Are you still angry?
 
2013-03-16 03:00:53 PM

scottydoesntknow: Bridgid Ruden of Coralville was wearing a helmet when she lost control of her bike May 24, 2008, on the North Ridge Trail after riding through a mud patch at the bottom of a hill, slamming her head on the pavement. The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.


Kinda surprised they didn't sue the helmet company too. But yea, a lot of negligence on side of the construction company/city.


Moral is Don't build hipster Bike paths or walks.
 
2013-03-16 03:01:57 PM
I agree with those saying One Point Two million (the figure the story seems to report, as it does break it down by payer) is not that much.
Unfortunately, it is true ... if you create something for public use, you must maintain it for public use -- or else post really big warning signs and flashy lights etc.
 
2013-03-16 03:02:48 PM

IbiEvacua: So when I trip and fall down my stairs, and break my brain


It sounds like that already happened.
 
2013-03-16 03:04:44 PM

ThisIsntMe: scottydoesntknow: Bridgid Ruden of Coralville was wearing a helmet when she lost control of her bike May 24, 2008, on the North Ridge Trail after riding through a mud patch at the bottom of a hill, slamming her head on the pavement. The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.


Kinda surprised they didn't sue the helmet company too. But yea, a lot of negligence on side of the construction company/city.

Moral is Don't build hipster Bike paths or walks.


That will be the lesson learned from this and/or a few thousand spent on signs stating ride at your own risk.
 
2013-03-16 03:05:17 PM

bmihura: This is why medical expenses are so high in the United States; ridiculous payouts like this.


Like most things, you're wrong about this.
 
2013-03-16 03:06:59 PM

Bob_Laublaw: the trail was built lower than designed and with almost no cross-slope despite an original design calling for a 5 percent slope in that section to allow for drainage. They also found that a plan to include a drainage system and tiles to handle erosion and runoff were removed during construction.

The agreement to build the trail said that a future deal would spell out who was responsible for "major maintenance," but that never happened.

Stupid tag is right subby, if you're referring to the parties who built and maintained the trail. A comatose GED in law could have won this case.


^--- This.
 
2013-03-16 03:07:15 PM
when did lawyers become dicks?
 
2013-03-16 03:08:00 PM
let me make this as simple as i can...

If you build something for public use, then ignore all safety mesures in the plans, then refuse to preform upkeep and reapairs on it

your going to get your ass sued off when someone hurts them self due to your neglect

also

also 1.2 million is a painful low payout for life time of lose wages + on going medical expensive
 
2013-03-16 03:08:54 PM

mikaloyd: when did lawyers become dicks?


Let's see, when were lawyers invented?
 
2013-03-16 03:09:05 PM

The Stealth Hippopotamus: ThisIsntMe: scottydoesntknow: Bridgid Ruden of Coralville was wearing a helmet when she lost control of her bike May 24, 2008, on the North Ridge Trail after riding through a mud patch at the bottom of a hill, slamming her head on the pavement. The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.


Kinda surprised they didn't sue the helmet company too. But yea, a lot of negligence on side of the construction company/city.

Moral is Don't build hipster Bike paths or walks.

That will be the lesson learned from this and/or a few thousand spent on signs stating ride at your own risk.


Maybe a better lesson would be to install proper drainage, and observe standard practices when designing public paths.
 
2013-03-16 03:11:09 PM

IbiEvacua: NephilimNexus: The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.

And she only got $1.2 million?

Oh sorry, subby, were we not supposed to read that far?

So when I trip and fall down my stairs, and break my brain, do I sue the apartment's owners? The landlord? The firm which built it? Because goddamnit someone other than me deserves to pay for my accident.


depends if it was "Your Accident" or if you fell due to the stairs being is disrepair and the banister not being properly mounted
 
2013-03-16 03:15:22 PM

basemetal: Meh, I'll never be on  jury.  A bike trail at the bottom of a hill is muddy after rain?  You don't say.


Think this is a tough case. On one hand the government entities were clearly negligent. On the other hand I tend to agree that outdoor sports activities are inherently risky. So where does the burden lie here?

The truth, though, is that either way the state would pay for it because with those injuries she would be on disability anyway.
 
2013-03-16 03:16:25 PM

madcharlie: This is why we can't have nice things, or at least new things. Frivolous lawsuits like this prevent forward progress by making it too risky. I have a hard time believing that had this gone to trial the jurors would have found for the plaintiff.


Why? The trail was not built with the proper grade. They were negligent and have been penalized. Try reading TFA next time, it will help explain these things.
 
2013-03-16 03:16:30 PM

bmihura: This is why medical expenses are so high in the United States; ridiculous payouts like this.


How on earth could medical expenses be impacted like this?  Is the city also a hospital?
 
2013-03-16 03:17:41 PM

basemetal: Meh, I'll never be on  jury.  A bike trail at the bottom of a hill is muddy after rain?  You don't say.


Not when it complies with code, dumbass.
 
2013-03-16 03:19:31 PM

worlddan: basemetal: Meh, I'll never be on  jury.  A bike trail at the bottom of a hill is muddy after rain?  You don't say.

Think this is a tough case. On one hand the government entities were clearly negligent. On the other hand I tend to agree that outdoor sports activities are inherently risky. So where does the burden lie here?

The truth, though, is that either way the state would pay for it because with those injuries she would be on disability anyway.


if it was built and mantianed properly, the burden would lie of the injured party

but it wasn't
 
2013-03-16 03:20:40 PM

IbiEvacua: NephilimNexus: The crash put her in a coma, required several surgeries during an extended hospital stay and left her disabled with traumatic brain injury and epilepsy.

And she only got $1.2 million?

Oh sorry, subby, were we not supposed to read that far?

So when I trip and fall down my stairs, and break my brain, do I sue the apartment's owners? The landlord? The firm which built it? Because goddamnit someone other than me deserves to pay for my accident.


It depends on whether or not someone cut corners when designing/building/maintaining those stairs. Are people REALLY this stupid? This is a legitimate claim and a legitimate win.
 
2013-03-16 03:24:00 PM

thenumber5: worlddan: basemetal: Meh, I'll never be on  jury.  A bike trail at the bottom of a hill is muddy after rain?  You don't say.

Think this is a tough case. On one hand the government entities were clearly negligent. On the other hand I tend to agree that outdoor sports activities are inherently risky. So where does the burden lie here?

The truth, though, is that either way the state would pay for it because with those injuries she would be on disability anyway.

if it was built and mantianed properly, the burden would lie of the injured party

but it wasn't


Part of the inherent risk of outdoor activity is that things might not be built and maintained properly.
 
2013-03-16 03:25:00 PM
At least she's got a teenaged Boy Scout hero son to change her diapers and hose off the poop.

www.troop90brentwood.org
 
2013-03-16 03:25:04 PM
This is why you wear a helmet. As has been mentioned, a bike helmet really isn't going to do much to protect your brain. But, if you are involved in an accident, a bike helmet that is properly fitted along with other safety gear will help you get past the first lawyer blast of "cycling is risky." She was doing what she had to do to stay safe, the maintenance crews & cities were not. If she didn't have her helmet on the chances of winning this case would be a lot slimmer.
 
2013-03-16 03:25:39 PM

worlddan: thenumber5: worlddan: basemetal: Meh, I'll never be on  jury.  A bike trail at the bottom of a hill is muddy after rain?  You don't say.

Think this is a tough case. On one hand the government entities were clearly negligent. On the other hand I tend to agree that outdoor sports activities are inherently risky. So where does the burden lie here?

The truth, though, is that either way the state would pay for it because with those injuries she would be on disability anyway.

if it was built and mantianed properly, the burden would lie of the injured party

but it wasn't

Part of the inherent risk of outdoor activity is that things might not be built and maintained properly.


you are the biggest idiot on the farking planet
 
2013-03-16 03:28:16 PM

worlddan: Part of the inherent risk of outdoor activity is that things might not be built and maintained properly.


You keep your bike helmet on all the time, don't you.
 
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