[WillowSun]

All Nathan Reynolds wanted was a hot dog. Instead, as the blind man walked toward a Wienerschnitzel restaurant last year, he got a face full of tree — and severe neck injuries.

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.

http://www.sltrib.com/sltrib/news/50092926-78/tree-reynolds-wienerschnitzel-suit.html.csp

Check the pic on that link. While its funny, he really had no chance.

[tomandsusan]

Looks to me like the city would be responsible since the tree is on the street side of the walkway. At six foot five and blind, I'll bet that tree is NOT the first thing to ever rattle that head of his!

( Bless those lawyers! )

[Amardillo]

Quote: Originally Posted by Rokoka

Really, this is rather out there if you ask me. I shall go walk in to a tree after I get in the States and then sue the tree for all of it's leaves

Not this particular tree or the one further back. Take a look at the pic WillowSun linked.

They had already been sued bare.


Still there must be plenty others.

[plasty]

Yeah, that d*mn tree just jumped out in front of me.

[shonymat]

Looking at the direction of the tree further up in the photo, I hazard a guess that it may technically be the winds fault. We have a lot of heavy wind in parts of Oregon and it's not uncommon for the trees to literally grow sideways from the constant force.

In any case, I think it's just one of the MANY hazards of having a disability and a lawsuit is unfortunate.

[bigtim]

Quote: Originally Posted by shonymat

Looking at the direction of the tree further up in the photo, I hazard a guess that it may technically be the winds fault. We have a lot of heavy wind in parts of Oregon and it's not uncommon for the trees to literally grow sideways from the constant force.

In any case, I think it's just one of the MANY hazards of having a disability and a lawsuit is unfortunate.

Well, you can't sue nature then
I would be more worried about what they will put in his hot dog the next time he comes to that eatery

[vesria104]

this actually seems legit imo. The city has an obligation to keep sidewalks clear. and it's not like they didn't know about this problem.