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.
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