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(Iowa City Press-Citizen)   Woman wins $1.2 million after riding bicycle through puddle   (press-citizen.com) divider line 28
    More: Stupid, bicycle accident, Coralville, drainage systems, Johnson County, traumatic event, Boy Scouts  
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14000 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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Archived thread
2013-03-16 10:39:29 AM
6 votes:
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 11:32:19 AM
5 votes:
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 02:52:48 PM
4 votes:

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 11:24:20 AM
3 votes:

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 11:13:31 AM
3 votes:

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 03:33:52 PM
2 votes:
In a perfect world they would build mud pits on purpose just to cull the herd.
2013-03-16 02:51:36 PM
2 votes:
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 10:37:48 AM
2 votes:
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 09:39:27 PM
1 votes:

evil saltine: nacker: ReverendJynxed: Of course no responsibility on the part of the poor "victim" who was obviously riding at unsafe speeds.

What was the posted speed limit on that part of the trail?

It's a walking trail. If you decide to ride some high-speed device on a walking trail you do so at your own risk.


I don't know of many walking trails with 20 MPH speed limits posted on them.
2013-03-16 04:54:49 PM
1 votes:

nacker: ReverendJynxed: Of course no responsibility on the part of the poor "victim" who was obviously riding at unsafe speeds.

What was the posted speed limit on that part of the trail?


Personal liability. If you can't see far enough ahead of you, you just keep going? If she hit someone walking on the trail she would be liable.
2013-03-16 04:51:51 PM
1 votes:
Oh, for Pete's sake.  She drove through mud.  Regardless of who was responsible for the mud being there, the stupid woman shouldn't have driven into it.  Bicycles are not stable on slick mud.  Sounds like her brain wasn't all that good to start with.
2013-03-16 04:11:14 PM
1 votes:

nacker: Glendale: Things go unmaintained all the time. Watch out for yourself, although that's apparently an unpopular view in this thread.
 That's the stupidest comment ever.  No one said you shouldn't watch out for yourself.  In fact, I think most are saying you should also watch out for your financial interests by properly maintaining public areas of your property.


The sentiment I'm getting here is that you're supposed to be able to derp around blindly and everyone except you is responsible for you.
2013-03-16 04:07:56 PM
1 votes:

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.


I bike almost everyday, verdicts like this make trails harder to get built. Biking like most activities bears risk, I don't see a natural trail type hazard as something out of the ordinary at least it isn't where I ride. A doctor on vacation died riding a local trail here. It happens, it's rare and unfortunate but to expect every trial to be built to withstand legal challenges if someone is injured is a tall order. Unless thier was malicious intent I would see these types of infrastructure free from liability.
2013-03-16 03:49:34 PM
1 votes:
If the damagwes had been $130,000, or $13,000, or hell, $13, there would still be cranky old Social Security recipients shaking their bony fists, spitting out impotent rage about frivolous lawsuits bankrupting our system.
2013-03-16 03:35:29 PM
1 votes:

Glendale: Things go unmaintained all the time. Watch out for yourself, although that's apparently an unpopular view in this thread.

 That's the stupidest comment ever.  No one said you shouldn't watch out for yourself.  In fact, I think most are saying you should also watch out for your financial interests by properly maintaining public areas of your property.
2013-03-16 03:33:40 PM
1 votes:
Of course no responsibility on the part of the poor "victim" who was obviously riding at unsafe speeds.
2013-03-16 03:30:08 PM
1 votes:

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.


That may be true if you are on a mountain trail but not a trail on a university campus, that happens to be outdoors.
2013-03-16 03:24:00 PM
1 votes:

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 03:20:40 PM
1 votes:

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 03:19:31 PM
1 votes:

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 03:17:41 PM
1 votes:

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 03:08:54 PM
1 votes:

mikaloyd: when did lawyers become dicks?


Let's see, when were lawyers invented?
2013-03-16 03:00:53 PM
1 votes:

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 02:57:43 PM
1 votes:
This is why medical expenses are so high in the United States; ridiculous payouts like this.
2013-03-16 02:52:23 PM
1 votes:
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 02:50:26 PM
1 votes:

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 02:49:51 PM
1 votes:
She's a real Catch U Next Tuesday.
2013-03-16 11:07:36 AM
1 votes:
Yeah, I'm totally on the drooler's plaintiff's side on this one.
 
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