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Mountain Biker Wins $2.9 million Lawsuit Against Landowner

DirtMcGirk

DirtMcGirk

<b>WAY</b> Dumber than N8 (to the power of ten alm
Feb 21, 2008
6,379
1
Oz
What was the nature of the land she was on? Any Federal funds?

What's interesting, as I know nothing about the land, was that if it was public that she was able to exceed the municipal caps. Normally that tops out at $250k, or at least around here. Makes it not worth the time to take to court.

Mind you, putting a gate across a trail like that, without putting some sort of abatement to keep you from riding under, or in her case attempting to ride under the fence is an open invite to disaster.

The reality is that personal injury law, and the law regulating it, was designed to protect the most absent minded, mouth breathing, cousin loving retarded inbreds among us. Its purely lowest common denominator stuff. People, especially groups of people, are inherently dumb, nothing more than the common heard of sheep. The law, unfortunately, is flawed and designed to "protect" those people from those just a half second quicker than they are.

Blame the trial lawyers and the liberals.
 
sanjuro

sanjuro

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Sep 13, 2004
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BTW, the West Hartford Res is not exactly Slickrock or Garbanzo. It is mostly open fireroad, with maybe a half mile of "singletrack".
 
sanjuro

sanjuro

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Sep 13, 2004
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BTW, here is the Courant article. I feel a little more sympathy, because I bet the gate was poorly built and she offered to settle for less...
http://www.courant.com/news/connecticut/hc-hc-bicyclist-jury-award-mdc.artmay10,0,6140008.story
A Superior Court jury in Hartford has awarded a former children's book illustrator $2.9 million for injuries suffered years ago in a bicycle accident on land owned by the Metropolitan District Commission.

The six-person jury awarded the money Friday to Maribeth Blonski of Rocky Hill after finding that the regional water and sewer authority improperly placed a steel gate across a path within the Talcott Mountain Recreation Area, said Blonski's lawyer, Michael A. Stratton.

On May 16, 2002, Blonski, now 43, was biking on a trail in the area, also known as the West Hartford Reservoir, when she struck the gate, breaking four vertebrae in her neck, Stratton said.

The MDC had installed the gate to block motor vehicle access to the water, he said.

R. Bartley Halloran, the MDC's chief in-house lawyer, said Sunday through a spokeswoman that the MDC was surprised by the verdict and intends to appeal.

When the accident happened, Blonski was host of a local-access television program about mountain biking, Stratton said. Blonski now works at the front desk of a health club, he said. She previously worked as an illustrator of children's books.

It took eight years to resolve the case because of a dispute about whether the MDC was immune from responsibility, Stratton said. After a four-day trial before Judge Edward Domnarski, the jury decided the authority was not immune in this instance, and also found that Blonski was partially responsible.

Stratton said Blonski had offered to settle the case for less than the amount awarded by the jury, but MDC refused.
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DirtMcGirk

DirtMcGirk

<b>WAY</b> Dumber than N8 (to the power of ten alm
Feb 21, 2008
6,379
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Oz
With that in mind it just comes down to MDC was stubborn and stupid.
Sometimes its worth it just to bite down and take one for the team and settle it before it goes to trial. Sounds like MDC's lawyer got his panties in a wad at the settlement offer and decided to gamble.

Well, he lost.

The appeal will take another couple of years. It'll add another M to the entire costs of the litigation, and on appeal at the civil level most cases are not turned around like the attorney is clearly hoping for.

What's even funnier is that they are going to have to put down an appeallate bond for the entire amount. $2.9m chillin, collecting interest for the appeals court, what's not to like about that...

After reading that this falls on bad legal advice. MDC needs to fire that lawyer, and settle.
 
tonyhawk

tonyhawk

bikerag.com whore
Sep 21, 2003
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The gates are huge, and go across pavement. They're designed to prevent vehicular access. You can't miss them. They are nowhere near singletrack. I'll try to get a picture of one the next time I ride there (if there is a next time :rolleyes:).
 
DirtMcGirk

DirtMcGirk

<b>WAY</b> Dumber than N8 (to the power of ten alm
Feb 21, 2008
6,379
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I Are Baboon said:
:think:

You must not have ridden there in a while. In a typical 9 mile ride, I only touch a half mile of fireroads tops.
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Well I'd start looking for a new trail. Chances are the one you're on is getting closed and sold.
 
sanjuro

sanjuro

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I Are Baboon said:
:think:

You must not have ridden there in a while. In a typical 9 mile ride, I only touch a half mile of fireroads tops.
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You're right, the last time I rode there was 2003.

I remember starting from Albany Ave, navigating some open fireroad to the west, then heading through a small section of singletrack, mixing it up with fireroad and singletrack around the north and east side.

I also took some beginner friends on the fireroads in the middle.
 
DirtMcGirk

DirtMcGirk

<b>WAY</b> Dumber than N8 (to the power of ten alm
Feb 21, 2008
6,379
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Oz
This just comes down to insurance companies.

Yes, the land might get closed. But really you're not talking about real people's money. Its insurance money, which for all intents and purposes may just as well be "soft dollars" that get floated at any given time.

And by the time its said and done, she's getting nowhere near $2.9m. Take out 1/3 for her lawyer, plus what I can assure you are substantial fees, costs, overhead, then couple in the amount of her medical bills, which with 4 broken vertabra is not cheap. Hell, my two broken verts cost almost $300k to fix all told.

By the time its all said and done, if she clears a million on straight pay out, I'd be very impressed.
 
MMcG

MMcG

Ride till you puke!
Dec 10, 2002
15,457
12
Burlington, Connecticut
$2.9M is not that big of a deal I suspect for the MDC, the issue is, for us as riders at this location. It is a pretty decent/convenient location to ride and if that access is denied it will be a shame (even though it is over-ridden big time).
 
nauc

nauc

Monkey
May 14, 2007
475
3
lame. if i ride my bike and run into a curb, i shouldnt be able to sue if i get hurt
 
C.P.

C.P.

Monkey
Jan 18, 2004
547
8
SouthEastern Massachusetts
Riding said:
Must be a roadie


....waits for CP.
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:doh:

I'll wait for tonyhawks pics, I'm sure they'll shed some light...also still wondering if there were signs indicating cyclist need to travel in clockwise direction on the red (paved) trail, whereas she was traveling the other way, which includes a big downhill to the gate, but it's possible they were installed after the accident (2002).
 
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Silver

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
Straya said:
In the cold hard light of day when you wake up a paraplegic and realise you need a crapload of cash per year to even begin to have anything approaching a half decent quality of life of and that you don't currently have that cash then you are going to start thinking about you are going to get it.
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This is America. You take a bus over to your local Tea Party rally and they throw quarters at you. That's what good Christian people call "charity."

If you don't like it, blame God for not letting you get born in a civilized country...
 
DirtMcGirk

DirtMcGirk

<b>WAY</b> Dumber than N8 (to the power of ten alm
Feb 21, 2008
6,379
1
Oz
MtnBikerChk said:
THis was posted on bikerag - I guess it's her



If it was her insurance company that sued - would the jury have awarded the money directly to her? Doesn't sound right.

Thanks Maribeth.
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She's still the plaintiff regardless of who brings the action as she was the one who got hurt.

I am just speculating however. She could be that uber greedy bitch who thinks the world owes her something when she does something dumb.

However, it sounds like insurance lawyers to me. The fact that the settlement was rejected means it was well crafted. Most pure contingent lawyers aren't that skilled. Now insurance goons on the other hand...
 
DirtyMike

DirtyMike

Turbo Fluffer
Aug 8, 2005
14,437
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My own world inside my head
Wow.... just wow. Dirt I get all the lingo, and how Ins companies can sue to get there money back........ Man sometimes ins comapnies pull some serions bull**** when it comes to injuries...... Its like Hey You pay me a little money from time to time, if you get hurt I will take care of the bills for you... thats ins by definition, they are gambling you wont get hurt or sick, your gambling that you will....... What a crock of **** that when they lose the gamble, they get to sue someone to recoup<sp> their loses.



I hope this girl crashes again, aggrivates the injury and ends up paralyzed. I know thats harsh, but thats just ****ed up.

Seriously, only way I can see this happening to a land owner is if it was something that was flatout and blatently pout there to injur someone........ Most people call it a boobytrap.... Seen them here on the trails before over at wilson.... but thats an entirely different conversation.




Side note on teh McDonalds incident...... reguardless if McD's kept the coffee hotter for better taste...... What effin retard puts a cup of hot ass liquid in there crotch and take the ****ing lid off...... thats just retarded and not using the brain in your head, too bad that person had already reproduced and contaminated the gene pool. Personally i blame the asshole that sued Mcd's before that for a hair in their coffee making it the policy of MCD's that you must add your own cream and sugar because they cant do it for you..........
 
BadDNA

BadDNA

hophead
Mar 31, 2006
4,257
231
Living the dream.
OGRipper said:
I have to wonder if it was really her insurance company suing the reservoir.
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Quite possibly the insurance company. For the past few years when I've had an ER visit it's been followed by a form asking for details on the accident. I have a feeling this is what they're driving toward so I am intentionally vague when I fill out their little questionnaire. F*** the insurance company, I pay my premiums for a reason, pay my bill and go back to your filthy, stinking hole.

A quick search on Google turns up her phone number and address in Rocky Hill, CT. Anyone feel like giving her a piece of their mind? Please record and share.
 
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J-Dubs

J-Dubs

Monkey
Jul 10, 2006
700
1
Salem, MA
I have my doubts about the insurance co doing the suing.
When I broke my neck riding my bike on private land, they never asked me about the circumstances or liability issues.
She most likely brought them in herself, but they could have run with it after the fact.
 
bohorec

bohorec

Monkey
Jun 26, 2007
327
0
Shouldn't you blame your legal system and the turds that awarded her?

Wishing her death etc makes some of you sound like a bunch of evil retarded cry babies.
 
tonyhawk

tonyhawk

bikerag.com whore
Sep 21, 2003
512
0
CT
Here's that picture I promised. It may not be the exact one she crashed into - there are a few in different locations, but they all have the same design.

 
KavuRider

KavuRider

Turbo Monkey
Jan 30, 2006
2,565
4
CT
When I had shoulder surgery from a crash, my insurance company called and asked me where it happened, if it was on private land, etc. They wanted to know if there was anyone they could recup the money from. Like a previous poster, I was vague on the details, just said I fell off my bike but not where.

Insurance companies are evil. Pure evil. I've worked with them for quite awhile, and I'm still constantly amazed how evil they can be.
 
stevew

stevew

resident influencer
Sep 21, 2001
40,582
9,592
KavuRider said:
Insurance companies are evil. Pure evil. I've worked with them for quite awhile, and I'm still constantly amazed how evil they can be.
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if they are that evil...and you are that virtuous.....then go without.
 
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