Timmer, et al., v. Shamineau Adventures, 2005 Minn. App. Unpub. LEXIS 576

Timmer, et al., v. Shamineau Adventures, 2005 Minn. App. Unpub. LEXIS 576

Linda Timmer, et al., Respondents, vs. Shamineau Adventures, Appellant.

A04-2458

COURT OF APPEALS OF MINNESOTA

2005 Minn. App. Unpub. LEXIS 576

December 13, 2005, Filed

NOTICE: [*1] THIS OPINION WILL BE UNPUBLISHED AND MAY NOT BE CITED EXCEPT AS PROVIDED BY MINNESOTA STATUTES.

SUBSEQUENT HISTORY: Review denied by Timmer v. Shamineau Adventures, 2006 Minn. LEXIS 73 (2006)

Subsequent appeal at, Remanded by Timmer v. Shamineau Adventures, 2007 Minn. App. Unpub. LEXIS 351 (2007)

PRIOR HISTORY: Morrison County District Court. File No. CX-03-261. Hon. John H. Scherer.

DISPOSITION: Affirmed.

COUNSEL: For Appellant: Robert G. Haugen, Jason M. Hill, Johnson & Lindberg, P.A., Minneapolis, MN.

For Respondent: Luke M. Seifert, Michael, T. Milligan, Heidi N. Thoennes, Quinlivan & Hughes, P.A., St. Cloud, MN.

JUDGES: Considered and decided by Willis, Presiding Judge, Randall, Judge, and Huspeni, Judge. 1

1 Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.

OPINION BY: RANDALL

OPINION

UNPUBLISHED OPINION

RANDALL, Judge

This is an appeal from the district court order denying a motion for JNOV but granting a new trial on damages and a conditional remittitur of the damages awarded for future pain and suffering. After respondents accepted the conditional remittitur, appellant brought this appeal contending: (a) it is entitled to a Schwartz hearing based on a juror’s allegations of misconduct in reaching the verdict; (b) it is entitled to an unconditional new trial because of juror misconduct on the face of the special [*2] verdict form; (c) it is entitled to a new trial on liability due to the erroneous admission into evidence of an unqualified expert’s opinions; and (d) the court erred in allowing respondent’s expert to testify to opinions undisclosed prior to trial and denying appellant’s request for a continuance. Respondents filed a notice of review arguing that the conditional remittitur was unsupported by the evidence. We affirm on all issues.

FACTS

This appeal stems from a tort action brought by respondents Linda Timmer and her husband Jere Timmer (collectively “respondents”) against appellant Shamineau Adventures. Appellant is one of five subdivisions that are collectively referred to as “Shamineau Ministries.” Appellant’s subdivision consists of a ropes course that includes various elements and obstacle courses. One of the elements of the ropes course is a zip line that consists of a 300-foot cable that is secured to a tower structure on a hill, traverses a valley, and ends at a tree located at a lower point on the opposite side. The cable drapes across the valley, and gradually rises as it nears the landing area in front of the tree to which it is attached. The cable is threaded through [*3] a pulley system and a lanyard rope is attached to the pulley. At the end of the lanyard is a carabiner that has a hinged gate on one side that is spring loaded. A zip line rider is specially body-harnessed by camp personnel, and connected to another carabiner clip attached to the harness. Both carabiners are equipped with screw-lock devices and spring tension hinges that prevent them from opening accidentally.

To ride the zip line, the rider’s harness carabiner is attached to the zip line carabiner. The rider then steps from the higher end platform, gliding down the cable across the valley. The rider slows as the calibrated slack in the cable and the resulting incline brings the rider to a slow landing on the gradual upslope of the lower end hill. The harness carabiner is then disconnected from the zip line by an assistant stationed at the lower end of the hill, and the pulley and lanyard assembly is walked back up to the higher end platform by the rider using a tow-rope attached to the lanyard.

In October 2001, a group of students and teachers from the Little Falls School District went to Camp Shamineau. Included in the group was Timmer, a special education teacher in the Little [*4] Falls School District. On October 11, while “roving” the ropes course and generally supervising her students, Timmer was approached by Troy Zakariasen, the ropes course director. Zakariasen asked Timmer if she would be willing to help uncouple students at the receiving end of the zip line while he briefly attended to other duties. Timmer agreed, and Matthew Stanghelle, a Shamineau staff member, showed Timmer how to unhook the zip line riders. Stanghelle spent approximately five minutes with Timmer, showing her the procedure by demonstrating on incoming zip line riders. Stanghelle then left the landing area to assist other students, teachers, and staff. Although Timmer had been to Camp Shamineau three or four times prior to October 11, she had never attended any training relative to the ropes course, which typically includes two to three weeks of training riders.

After Stanghelle left, the next rider on the zip line was 14-year old Tracie Boser. When Boser arrived at the landing area, Timmer grabbed Boser and tried to unhook her from the harness. As Timmer tried to unscrew the safety harness, Boser began drifting backwards. Timmer instinctively grabbed onto Boser to prevent her from [*5] coasting back to the sender, but Timmer was unable to maintain her footing. Boser then glided back toward the middle of the zip line with Timmer hanging onto Boser’s harness. When they reached the mid-point, approximately 25 feet above the valley, Timmer was unable to maintain her grip on the harness, and she fell to the ground, sustaining serious injuries. Timmer brought this tort action alleging negligence on the part of Shamineau Adventures. Jere Timmer filed a claim for loss of consortium.

Four days prior to the commencement of trial, respondents served upon appellant a memorandum issued by Richard Gauger, an engineer retained by respondents to serve as an expert witness. Gauger’s memorandum concluded that, in his opinion, the landing area of the zip line was unsafe, and that the landing area should involve one or more trained persons working together to assist the rider in arriving safely. Appellants moved for an order excluding Gauger’s new opinions, or, in the alternative, for a continuance due to the untimely disclosure of the new evidence. The district court denied the motion, holding that the issue of the landing area could reasonably have been anticipated in light of the [*6] nature of the case.

A jury trial was held from June 21, 2004, through June 29, 2004. At trial, Gauger testified that he has a bachelor’s degree in industrial engineering, and that he is a consulting engineer licensed as a professional engineer. Gauger also testified that his work history included assisting with design and development of construction projects, and some investigative work with regard to recreational activities. Appellant objected to Gauger’s testimony on the basis that he was unqualified as an expert witness. The district court overruled the objection, and Gauger testified in accordance with his June 17 memorandum, that the zip line was dangerous because the slope exceeded the American with Disabilities Act (ADA) standards for ramps and other standards typically used on construction projects.

The jury heard extensive testimony concerning Timmer’s injuries and her present physical condition. Dr. Joseph Nessler testified that as a result of her accident, Timmer suffered “multiple injuries, including pelvic fractures, sacral or tailbone fractures, spinal fracture, left femur fracture, left tibia fracture, and right calcaneus fracture.” Dr. Nessler, Dr. Jeffrey Gerdes, [*7] and Dr. Gregory Schlosser all testified that Timmer suffers from various permanent disabilities as a result of the accident, and all agreed she will have problems lifting, bending, stooping, twisting, and standing. Timmer testified that she is medically disabled and was forced to retire from teaching as a result of the fall.

On the verdict form, the jury determined that appellant was 60% at fault and Timmer was 40% at fault. The jury awarded appellant damages in excess of $ 4.5 million, and after applying the mathematical formula called for by the jury allocation of fault, the net verdict to respondents was $ 2,783,949. Shortly thereafter, James Albrecht, a juror in the case, sent a letter to the district court and the attorneys for both parties. Albrecht stated that the jury had made a mistake in selecting the damages. According to Albrecht, the jury had selected the damages believing that respondents would recover 20% of the damages awarded; deriving this figure by taking appellant’s 60% fault and subtracting respondent’s 40% fault. Appellant subsequently moved the district court for a Schwartz 2 hearing based on Albrecht’s letter. The district court first ruled the letter [*8] inadmissible, and then denied the motion for a Schwartz hearing.

2 See Schwartz v. Minneapolis Suburban Bus Co., 258 Minn. 325, 104 N.W.2d 301 (1960).

Following the district court’s order denying the request for a Schwartz hearing, appellant moved for a new trial and JNOV. The district court denied the motion for JNOV, but granted a new trial on damages and a conditional remittitur of the damages awarded for future pain and suffering, reducing the amount of the recoverable verdict from $ 3,000,000 to $ 1,650,000. Respondents accepted the conditional remittitur. Shamineau appealed. Respondents then served and filed their own notice of review objecting to the remittitur.

DECISION

I.

Appellant argues that it is entitled to a Schwartz hearing based on Albrecht’s letter stating that the jury had made a mistake in selecting the damages. [HN1] “The standard of review for denial of a Schwartz hearing is abuse of discretion.” State v. Church, 577 N.W.2d 715, 721 (Minn. 1998). [*9]

In Schwartz, the supreme court established a method for inquiring into allegations of juror misconduct. 258 Minn. at 328, 104 N.W.2d at 303. A Schwartz hearing may also be conducted to correct a clerical error in a jury verdict. Erickson by Erickson v. Hammermeister, 458 N.W.2d 172, 175 (1990), review denied (Minn. Sept. 20, 1990).

[HN2] Although trial courts are urged to be fairly lenient in the granting of Schwartz hearings, their purpose is to determine juror misconduct, such as outside influence improperly brought to bear on jurors. The purpose of a Schwartz hearing does not include the correction of a miscomprehension by a juror or jurors. The assertion that the jury was confused and did not understand the effect of the verdict has been rejected as a basis for a Schwartz hearing. Jurors may not impeach their verdict on the basis that they did not understand the legal effect of that verdict.

Senf v. Bolluyt, 419 N.W.2d 645, 647 (Minn. App. 1988) (quoting Frank v. Frank, 409 N.W.2d 70, 72-73 (Minn. App. 1987), review denied (Minn. Sept. 30, 1987)), review denied (Minn. Apr. 15, 1988).

[*10] Here, the district court reviewed the letter for purposes of the Schwartz hearing motion, and concluded that:

There has been no evidence of juror misconduct in this matter. The evidence received did not relate to actions outside of the deliberations that would constitute misconduct. On the contrary, the evidence reveals that during deliberations the jury may have misunderstood or misapplied the law as presented in the jury instructions. However, under Minnesota cases, this does not constitute juror misconduct such that a Schwartz hearing must be held.

The record supports the district court’s conclusion that there were no clerical errors and no evidence of jury misconduct. Albrecht’s letter fails to demonstrate evidence of juror misconduct, but, instead, indicates that the jury may have misapplied the law. The district court properly denied appellant’s request for a Schwartz hearing. See Senf, 419 N.W.2d at 648.

For purposes of the motion, appellant concedes that even if Albrecht is correct and that the jury misunderstood the instructions regarding comparative fault, that “misunderstanding” is not grounds for a new trial. Instead, appellant [*11] argues that the letter is evidence of a “compromise verdict,” and that a compromise verdict is grounds for a new trial. Appellant argues that because a compromise verdict constitutes juror misconduct, it is entitled to a Schwartz hearing.

[HN3] A “compromise” verdict occurs when the jury awards an amount that reflects a compromise between liability and proven damages. See Schore v. Mueller, 290 Minn. 186, 190, 186 N.W.2d 699, 702 (1971). When there is an indication that inadequate damages were awarded because the jury compromised between the right of recovery and the amount of damages, a new trial on damages is appropriate. Seim v. Garavalia, 306 N.W.2d 806, 813 (Minn. 1981).

We agree with the district court that [HN4] just a claim that the jury misapplied jury instructions in apportioning damages does not equate to a compromised verdict. Case law uniformly revolves around allegations by plaintiffs that damages were compromised too low based on proven liability. See, e.g., Vermes v. American Dist. Tele. Co., 312 Minn. 33, 44, 251 N.W.2d 101, 106-07 (Minn. 1977) (holding that because the jury simply misunderstood proof of damages and gave [*12] an inadequate award, it was not a compromise verdict);Schore, 290 Minn. at 190, 186 N.W.2d at 702 (remanding for a new trial because the jury’s award of damages was not supported by the evidence in light of the plaintiff’s proven damages and represented a compromise verdict); Kloos v. Soo Line R.R., 286 Minn. 172, 177-78, 176 N.W.2d 274, 278 (1970) (ordering a new trial on the basis that the jury’s award of inadequate damages constituted a compromise verdict). This case is novel. Appellant does not argue that the damages were inadequate, but rather argues that the damages awarded were in excess of the jury’s intent. We conclude that even if the jury did not fully grasp the mathematics of comparative negligence (an unfortunate but true syndrome that goes back decades to the origins of comparative negligence), plaintiffs and defendants have understood for all those years that if even after careful argument by attorneys in their closing arguments, juries do not exactly “get” comparative negligence. It is not “misconduct” and does not call for a Schwartz hearing.

Appellant next argues that in light of Albrecht’s letter indicating that the jury made [*13] a mistake in apportioning damages, its due process rights to a fair trial were violated. Appellant argues that except for purposes of the Schwartz hearing motion, the district court held that under Minn. R. Evid. 606(b), 3 the letter was inadmissible for purposes relative to other post-trial motions, such as a motion for a new trial, remittitur, or JNOV. Appellant argues that it cannot be granted a new trial for juror misconduct without the excluded evidence, and a Schwartz hearing is only available when admissible evidence of juror misconduct is already in the record to justify the proceeding. Thus, appellant contends that the district court’s ruling of inadmissibility under Rule 606(b) denied it the opportunity to prove jury misconduct through a Schwartz hearing, thereby depriving appellant of the opportunity to develop a record supporting its right to a new trial.

3 Minn. R. Evid. 606(b) states:

[HN5] Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury’s deliberations or to the effect of anything upon that or any other juror’s mind or emotions as influencing the juror to assent or to dissent from the verdict or indictment or concerning the juror’s mental processes in connection therewith, except that a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury’s attention, or whether any outside influence was improperly brought to bear upon any juror, or as to any threats of violence or violent acts brought to bear on jurors, from whatever source, to reach a verdict. Nor may a juror’s affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying be received for these purposes.

[*14] [HN6] The Minnesota Supreme Court set forth the rationale for the exclusion of juror testimony about a verdict or the deliberation process. See State v. Pederson, 614 N.W.2d 724, 731 (Minn. 2000). In Pederson, the supreme court explained: “The rationale for the exclusion of juror testimony about a verdict or the deliberation process is to protect juror deliberations and thought processes from governmental and public scrutiny and to ensure the finality and certainty of verdicts.” Id. The court further explained the rationale of rule 606(b) by noting the concern that jurors be protected from harassment by counsel after the verdict. Id. These are legitimate public policy concerns that support Minn. R. Evid. 606(b). The accepted fact that from time to time juries make mathematical mistakes in rendering their verdict does not rise to the constitutional level of a due process violation of a party’s right to a fair trial. In essence, this second argument of appellant is a remake of the first argument that there was a compromise verdict. Since we conclude there was not a compromise verdict, the judge properly did not order a Schwartz hearing based on either theory.

[*15] II.

Appellant argues that it is entitled to an unconditional new trial due to evidence of juror misconduct on the face of the special verdict form. Appellant argues that the special verdict form is evidence of misconduct because, appellant claims, certain listed damages are irreconcilable. Specifically, appellant points out that: (1) the jury awarded Linda Timmer $ 3,000,000 in future pain and suffering, but only $ 150,000 in past pain and suffering; and (2) Linda Timmer’s award of $ 150,000 for past pain and suffering is the same as Jere Timmer’s past loss of consortium. Appellant asserts that the only logical explanation for the jury’s irrational damages awards is that the jury carefully attempted to engineer respondents’ net recovery, which constitutes misconduct.

[HN7] Anew trial may be granted when, among other things, the verdict is not supported by the evidence, errors of law occurred at the trial, or the damages awarded are excessive. Minn. R. Civ. P. 59.01. The district court has the discretion to grant a new trial and this court will not disturb its decision absent a clear abuse of that discretion. Halla Nursery, Inc. v. Baumann-Furrie & Co., 454 N.W.2d 905, 910 (Minn. 1990). [*16] An appellate court will uphold the denial of a motion for a new trial unless the verdict “is manifestly and palpably contrary to the evidence, viewed in a light most favorable to the verdict.” ZumBerge v. N. States Power Co., 481 N.W.2d 103, 110 (Minn. App. 1992), review denied (Minn. Apr. 29, 1992).

The district court did take note of the difference between future and past pain and granted appellant’s motion for a new trial on the issue of future pain and suffering if respondents declined the court’s remittitur reducing that portion of the verdict from $ 3,000,000 to $ 1,650,000. However, respondents accepted the court’s remittitur, and that benefited appellants in the amount of $ 1,350,000. As an appellate court on review, we cannot now conclude that the remaining verdict is too high as a matter of law. Appellant is not entitled to a new trial based on its allegation that jury misconduct in calculating damages denied it of its right to a fair trial.

III.

Appellant argues that under the Frye-Mack, Daubert, and Kumho standards for expert testimony, it is entitled to a new trial because the district court erroneously admitted Gauger’s expert [*17] testimony. 4 [HN8] The decision to admit expert opinion testimony is within the broad discretion of the district court. Dunshee v. Douglas, 255 N.W.2d 42, 47 (Minn. 1977). To obtain a new trial based on evidentiary error, a claimant must show not only that the ruling was erroneous, but also that it resulted in prejudice. Kroning v. State Farm Auto Ins. Co., 567 N.W.2d 42, 46 (Minn. 1997).

4 See Frye v. United States, 293 F. 1013 (D.C. Cir. 1923); State v. Mack, 292 N.W.2d 764 (Minn. 1980); Daubert v. Merrel Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993); Kumho Tire Co. v. Carmichael, 526 U.S. 137, 119 S. Ct. 1167, 143 L. Ed. 2d 238 (1999).

[HN9] Recently, the Minnesota Supreme Court reaffirmed its adherence to the Frye-Mack standard. See Goeb v. Tharaldson, 615 N.W.2d 800, 813-14 (Minn. 2000). 5 Under the Frye-Mack standard, a novel scientific theory may be admitted if two requirements are satisfied. [*18] Id. at 814. But if the expert’s opinions do not relate to “novel scientific methods,” a Frye-Mack analysis is not necessary. See State v. DeShay, 645 N.W.2d 185, 191 (Minn. App. 2002) (holding that a Frye/Mack analysis was not necessary where expert testimony based on the ten-point gang-identification criteria did not constitute novel scientific evidence), aff’d 669 N.W.2d 878 (Minn. 2003).

5 The court in Goeb also refused to adopt the principals of Daubert and its progeny, and, therefore, appellant’s reliance on the Daubert is misguided. 615 N.W.2d at 814-15.

Based on the scope of Gauger’s testimony, his opinions related to the safety of the zip line landing site, not the actual zip line itself, as claimed by appellant. An expert opinion as to whether the zip line landing area was unsafe, and whether there is something in the condition of the work site that is inherently dangerous does not involve a novel scientific theory. [*19] Gauger’s expert opinion testimony did not constitute “novel scientific testimony” and a complete Frye/Mack analysis was not necessary.

Although a Frye/Mack analysis was not necessary to be admissible, Gauger’s testimony must at least meet the requirements of Minn. R. Evid. 702. This rule provides [HN10] “if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.” Minn. R. Evid. 702.

Appellant contends that the district court abused its discretion by admitting Gauger’s testimony, claiming Gauger was not qualified to be an expert witness. We affirm the district court. The district court found that: (1) Gauger is a professional engineer and has completed investigative work involving recreational facilities; (2) Gauger has reviewed hundreds of sites for safety purposes; and (3) Gauger has a background and familiarity with work sites and recreational facilities such as playgrounds and the Camp Snoopy amusement park at the Mall of America. The record [*20] reflects that Gauger visited the accident site on more than one occasion and viewed the zip line and landing area in use. The record reflects that Gauger reviewed a manual from the camp and criteria developed by the Association of Challenge Course Technology. Gauger testified extensively as to his opinion that the landing area was unsafe, and explained his reasoning. We find there was proper foundation for Gauger’s expert opinions, and the district court properly admitted his testimony.

IV.

Appellant argues that it is entitled to a new trial because the district court failed to grant appellant’s motion for a continuance after respondents’ late disclosure of Gauger’s opinion testimony. [HN11] When a district court denies a continuance at trial, this court reviews the ruling for a clear abuse of discretion. Dunshee v. Douglas, 255 N.W.2d 42, 45 (Minn. 1977). Denial of a continuance shall be reversed only if the decision prejudiced the outcome of the trial. Chahla v. City of St. Paul, 507 N.W.2d 29, 31-32 (Minn. App. 1993), review denied (Minn. Dec. 14, 1993).

The record shows that, four days prior to the commencement of trial, respondents served [*21] upon appellant a memorandum issued by Gauger stating his opinions that the landing area was unsafe. In denying appellant’s motion for a new trial on the basis of the district court’s refusal to grant a continuance, the district court stated that “the late or new disclosures regarding Mr. Gauger’s testimony were really nothing more that a re-disclosure of what had previously been disclosed.” The court further noted that:

Previous disclosures indicated that Mr. Gauger felt that the workplace or landing site was unsafe because Linda Timmer was required to stand on a slope. This opinion did not change. The only disclosure that appeared to be at all new and different was a reference to the ADA slope percentage recommendations, and that Mr. Gauger adopted this slope percentage as a reasonable standard.

In addressing appellant’s claim that it could not respond to the new information because of the fact that its expert had already been deposed and the testimony was established, the court stated:

the fact of the matter is that [appellant's] expert simply expressed the opinion that the zip line was safe and reasonable, and that the design of the landing area was necessary for [*22] the zip line to function properly. He did not offer any opinion as to what would have been a safe grade for the landing area of the zip line. If there had been a disagreement as to the actual percentage of slope or the standard to be applied, then there may be some basis for the argument. However, that is clearly not the situation at hand. Additionally, [appellant] was aware that the slope grade of the landing area was a basis for the negligence claim prior to the deposition of its expert witness, Bart Broderson. [Appellant] had the opportunity to ask Mr. Broderson his opinion relative to the degree or percentage slope of the landing area. No inquiry was made. [Appellant] cannot later claim prejudice when the subsequent disclosure differed little from the prior disclosure.

The record supports the district court’s decision. We conclude the district court properly denied appellant’s motion for a continuance.

V.

As is their right, even though respondents agreed to the conditional remittitur, once appellant challenged the verdict, respondents cross-reviewed on the issue of the remittitur. Respondents argue that the district court abused its discretion by granting a conditional [*23] remittitur of the damages awarded for future pain and suffering. The district court did reduce the amount of recoverable damages by approximately $ 1,350,000. Respondents argue that reduction was uncalled for in light of the medical testimony.

[HN12] Generally, a district court has broad discretion in determining if damages are excessive and whether the cure is a remittitur. Hanson v. Chicago, Rock Island & Pac. R. Co., 345 N.W.2d 736, 739 (Minn. 1984). When a district court has examined the jury’s verdict and outlined the reasons for its decision on a motion for remittitur, an appellate court is unlikely to tamper with that decision absent an abuse of discretion. Sorenson v. Kruse, 293 N.W.2d 56, 62-63 (Minn. 1980).

In ordering the conditional remittitur, the district court explained that:

The jury awarded $ 150,000 for past pain and suffering. Approximately 2.7 years had transpired from the date of the injury to the date of trial. Therefore, the $ 150,000 award equates to $ 55,555.56 per year for her past pain and suffering. On the other hand, the jury was advised that Linda Timmer had a 29-year life expectancy. The award of $ 3,000,000 for future [*24] pain and suffering, divided among those 29 years, would result in an annual award of damages for future pain and suffering in the amount of $ 103,448.28.

The district court addressed all the of the doctors’ expert testimony on future pain and suffering, and concluded that “although the medical testimony spoke of the need for future care or treatment, and the possibility of some degeneration, there was no specific testimony regarding future pain and suffering associated with any future surgery, care, or degeneration. Thus, the district court concluded that the drastic difference between the annual damages for past pain and suffering and future pain and suffering were not supported by the record.

In support of their claim that the remittitur was an abuse of discretion, respondents cited an exhaustive list of problems or potential problems and potential problems that Timmer will experience as a direct result of the accident. Respondents present a good argument. The record does not jump out on appellate review, as a record where a lack of a remittitur would be a miscarriage of justice. But, as noted, the decision to grant or deny a conditional remittitur is a highly discretionary [*25] decision within the purview of the district judge’s examination and weighing of the evidence. We conclude the district court’s conditional remittitur was reasoned and supported by the record.

Affirmed.

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ANSI denies ACCT appeal of ANSI grant of standards to PRCA

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FOR IMMEDIATE RELEASE
Rockford, IL 8-30-2014
ANSI/PRCA American National Standard UPHELD
The Association for Challenge Course Technology appeal to the American National Standards Institute (ANSI) Board of Standard Review (BSR) regarding the ANSI/PRCA American National Standard (ANS) is denied. The ANSI/PRCA American National Standard, safety standards for Ropes Courses, Aerial Adventure Parks and Ziplines remains current and ANSI approved.
After years of accusations and appeals by the ACCT to ANSI, to have the PRCA American National Standard suspended and/or revoked, the ANSI BSR refused to suspend the approval of the ANS during the appeal period; then on August 14, 2014 the ANSI BSR issued a formal decision upholding its previous approval of the current ANSI/PRCA 1.0-.3-2014 standard as an American National Standard (March 2014).This is welcome and great news for the industry which has recently endured the tragedies of employee fatalities and has long awaited the opportunity to train and certify its own staff without having to resort to outside vendors.”It validates our hard work and the attempts to bridge our differences with ACCT over the years,” states Steve Gustafson, President of the PRCA Board of Directors. The recent ANSI BSR decision bears out the many actions taken since 2006 by the PRCA to attempt collaboration with the ACCT per as ANSI BSR October 2006 decision. These included offers to issue a joint ANS with the ACCT. Gustafson goes on to state, “We are especially pleased that our outreach efforts and thousands of volunteer hours developing these industry consensus based safety standards have been recognized and may be finally brought into the public light for the benefit of the entire industry.”ACCT had previously filed an appeal with ANSI (2006) to have the PRCA’s ANSI Accredited Standard Developer status revoked, that appeal was also denied.
(Excerpts from ANSI BSR decision letter)ANSI BOARD OF STANDARDS REVIEW (BSR)SUMMARY DECISIONIn response to the appeal filed by the Association for Challenge Course Technology (ACCT) with the ANSI Board of Standards Review (BSR) in connection with its decision to approve PRCA 1.0-.3- 2014 Ropes Challenge Course Installation, Operation & Training Standards as an American National Standard (ANS), the ANSI BSR denies the appeal and upholds its prior decision to approve.
Appellant:
Represented by:
Mr. Dan Bart, Attorney & ACCT Consultant
Mr. James Borishade, Executive Director, ACCT
Mr. Don Stock, The Adventure Guild, ZIPStream Aerial AdventuresRespondent:
Represented by:
Mr. Mike Barker, VP PRCA Board of Directors
Mr. Steve Oksala, PRCA Consultant
Mr. Steve Peluso, AttorneyHearing Date: August 7, 2014
Hearing Location: ANSI, New YorkANSI Board of Standards Review Panel
Mr. Paul Bralower
Ms. Gabriella Davis
Ms. Cristine Fargo
Mr. Steve Ferguson, Chair
Ms. Megan Hayes
Ms. Pat McGuillicuddy
Ms. Nathalie Rioux

I. Introduction
ACCT (Appellant) appeals the decision of the ANSI Board of Standards Review (BSR), issued on March 3, 2014, to approve PRCA 1.0-.3-2014 Ropes Challenge Course Installation, Operation & Training Standards as an American National Standard (ANS).

An appeals hearing was held by the BSR on August 7, 2014. For the reasons set forth below, the BSR denies the appeal and upholds its prior decision to approve.

Conclusion
The BSR finds that ACCT has not provided sufficient or compelling evidence to warrant the withdrawal of the approval of PRCA 1.0-.3-2014 as an American National Standard. While PRCA’s standards development process necessitated corrective actions prior to the BSR’s final decision to approve, those actions were taken to the satisfaction of the BSR and we believe that due process was afforded ACCT and other participants.

Accordingly, in light of the written evidence and oral testimony presented by all parties and based on the specific discussions set forth earlier in this decision, the ANSI BSR denies the appeal and finds that its prior decision to approve PRCA 1.0-.3-2014 as an ANS was appropriate. As a result, PRCA 1.0-.3-2014 remains an approved American National Standard.

(Read the full decision here)

If you would like to purchase a copy of the ANSI/PRCA American National Standard, please visit the PRCA website and become a member or purchase a copy without membership. Once your registration is completed, you will received a licensed copy of the standard in your electronic mail.


Zip line put away for the season still found and plaintiff gets injured on rigged system.

4H Camp not liable for group of people who rig a zip line and borrow a ladder to get to the platform.

(Permanent URL)

Herberchuk v. Essex County 4H Club Camp, Inc. et al., 1999 Mass. Super. LEXIS 99

Date of the Decision: 1999

Plaintiff: Alicia Herberchuk

Defendant: Essex County 4H Club Camp, Inc and Teleglobe Communications, Inc.

Plaintiff Claims: negligence

Defendant Defenses: no duty owed

Holding: for the defendants

The plaintiff attended an event with other employees at a 4H camp that had been rented for the event. The event was not sponsored by the defendant employer Teleglobe but was an event for employees of Teleglobe.

The camp had a zip wire which had been closed for the season. The ladder leading up to the platform for the launch of the zip line had been removed and there was no pulley, harness or other equipment at the zip wire. The plaintiff had noticed upon her arrival that there was no ladder leading up to the platform.

A ladder had been found, and other people at the event were using the zip wire by holding on to a green nylon rope to ride down the wire. The plaintiff decided she wanted to ride the wire. She climbed up the ladder. The ladder that had been found did not reach the platform, and the plaintiff had to pull herself up to the platform.

The plaintiff grabbed the nylon roped and leaped off the platform where she fell injuring herself. The plaintiff sued the 4H camp and her employer. The defendants filed motions for summary judgment, which was granted by the trial court. The plaintiff appealed.

Summary of the case

The first issue presented was the duty of the landowner, the 4H camp to the attendees.

A property owner has a duty to maintain its property “in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.” A defendant is not required to “supply a place of maximum safety, but only one, which would be safe to a person who exercises such minimum care as the circumstances reasonably indicate.” “A landowner has no duty to protect lawful visitors on his property from risks that would be obvious to persons of average intelligence.”

The court took notice that the camp had removed all the equipment to operate the zip wire, including the ladder. The plaintiff still decided to use the zip wire knowing this. The 4H camp did not have a duty to warn the plaintiff of the dangers of the zip wire because the dangers were obvious with no safety equipment or instruction on how to use it. “There is no duty to warn of dangers obvious to persons of average intelligence.”

The appellate court agreed with the trial court and dismissed the claims against the landowner, the 4H camp.

The next claim was against the employer of the plaintiff. This claim was thrown out even faster. The event was not sponsored by Teleglobe; the money for the event came from employees through a raffle. Finally, the plaintiff was not required to attend the event as part of her employment and was not paid to be there.

So Now What?

As we all know, if there is a way to have more fun or get injured humans can find it and do it.  About the only thing you could do in this case is taking the platform down or hiding all ladders at the camp.

As a landowner always understand your obligations to people on your land, whether they pay to be there or not.

If your employees want to do something like this, understand your corporate responsibilities in assisting or not assisting in the event.

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2014 Recreation Law (720) Edit Law

 

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By Recreation Law       Rec-law@recreation-law.com              James H. Moss               #Authorrank

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Herberchuk v. Essex County 4H Club Camp, Inc. et al., 1999 Mass. Super. LEXIS 99

Herberchuk v. Essex County 4H Club Camp, Inc. et al., 1999 Mass. Super. LEXIS 99

Alicia Herberchuk v. Essex County 4H Club Camp, Inc. et al.

96-4863

SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX

1999 Mass. Super. LEXIS 99

March 11, 1999, Decided

JUDGES: [*1] Raymond J. Brassard, Justice of the Superior Court.

OPINION BY: RAYMOND J. BRASSARD

OPINION

MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

Plaintiff, Alicia Herberchuk (“Ms. Herberchuk”), brought this action for recovery of damages for injuries sustained while on land owned by defendant, Essex County 4H Club Camp, Inc. (“4H”), while attending an outing accompanied by co-workers employed by defendant, Teleglobe Communications, Inc. (“Teleglobe”). The plaintiff alleges that the injuries were caused by the negligence of the defendants and that there are genuine issues of material fact which preclude the entry of summary judgment on the issue of liability. For the reasons set forth below, defendants’ motions for summary judgment are ALLOWED.

BACKGROUND

Viewing the facts available at this summary judgment stage in the light most favorable to the nonmoving party, Ms. Herberchuk, the undisputed facts are as follows.

On August 28, 1993, Ms. Herberchuk attended an employee outing at a campground owned by 4-H. The campground had been rented through a third party under the name of Teleglobe by certain of its employees, but not by Teleglobe itself. At the cookout [*2] Ms. Herberchuk observed other guests using an apparatus known as a zipwire. The zipwire was used by children who attended the 4H’s camp during the summer months. Using the zipwire involved climbing up a ladder which reached to a platform mounted on a tree, and then leaving the platform to traverse the entire length of the wire. Proper use of the zipwire required a safety helmet, a safety harness, a drag line, and several people assisting the rider. The zipwire also included an 8 inch square 2,000 pound-test pulley to which the safety harness was attached. At the end of the camping season all removable equipment, including the safety equipment, was required to be removed from the zipwire, leaving only the cable and the platform.

On the date in question, a ladder found on or near the campground was propped against the tree upon which the platform was mounted by unidentified parties allowing guests to access the zipwire. Hanging from the zipwire was a nylon rope described as green in color which other guests were using to slide down the wire. No rules or instructions on how to use the zipwire were posted on or near the apparatus on the day in question. After watching several other [*3] people use the zipwire, Ms. Herberchuk decided she wanted to use the apparatus. In order to reach the zipwire, the plaintiff climbed the ladder. Although the ladder did not reach the platform at the end of the wire, Ms. Herberchuk was able to reach the platform by pulling herself up by her hands. Once on the platform Ms. Herberchuk wrapped the rope around her hands as she had seen others do and pushed herself off. Instead of traveling down the wire, however, Ms. Herberchuk fell to the ground sustaining serious injuries, including two elbow fractures and a fractured jaw. As result of these events Ms. Herberchuk commenced this lawsuit against 4H and Teleglobe. Both 4H and Teleglobe have moved for summary judgment on the issue of liability.

DISCUSSION

[HN1] Summary judgment shall be granted where there are no issues of material fact and the moving party is entitled to as a matter of law. Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716, 575 N.E.2d 734 (1991); Cassesso v. Comm’r of Correction, 390 Mass. 419, 422, 456 N.E.2d 1123 (1983); Community Nat’l Bank v. Dawes, 369 Mass. 550, 553, 340 N.E.2d 877 (1976); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating the [*4] absence of a triable issue and that, therefore, she is entitled to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 17, 532 N.E.2d 1211 (1989). If the moving party establishes the absence of a triable issue, in order to defeat a motion for summary judgment, the opposing party must respond and allege facts which would establish the existence of disputed material facts. Id.

[HN2] A judge, when ruling on a motion for summary judgment must consider “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, in determining whether summary judgment is appropriate.” Flesner v. Technical Communications Corporation et al., 410 Mass. 805, 807, 575 N.E.2d 1107 (1991). Where no genuine issue of material fact exists, “the judge must ask himself not whether he thinks the evidence unmistakably favors one side or the other but whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented.” Id. citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986).

1. The Claim Against 4-H.

[HN3] A property owner has a duty to maintain its property [*5] “in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.” Mounsey v. Ellard, 363 Mass. 693, 708, 297 N.E.2d 43 (1973). A defendant is not required to “supply a place of maximum safety, but only one which would be safe to a person who exercises such minimum care as the circumstances reasonably indicate.” Toubiana v. Priestly, 402 Mass. 84, 88, 520 N.E.2d 1307 (1988). “A landowner has no duty to protect lawful visitors on his property from risks that would be obvious to persons of average intelligence.” Id. at 89.

In the present case, Ms. Herberchuk claims there are genuine issues of fact concerning the condition in which the zipwire was kept, as well as, what actions 4-H took to prevent unauthorized use of the apparatus. The evidence on the record, for the purposes of this motion, includes affidavits from both Ms. Herberchuk and Mr. Charles G. Ingersoll, a member of the 4-H Board of Trustees, as well as exhibits, including photographs of the area immediately before the accident.

In his affidavit, Mr. Ingersoll states that, while not having [*6] a specific memory of doing so the summer during which Ms. Herberchuk was injured, it was his practice to remove and put away for the winter all those removable parts and safety equipment associated with the zipwire at the end of each camping season (before the outing). Mr. Ingersol also stated that the ladder used by the plaintiff to get to the platform was not one of those presently used by the camp and that the pulley was not on the line the day of the outing. Ms. Herberchuk admitted in her affidavit that when she first arrived at the outing there was no ladder attached to the tree and that when she attempted to make her way to the platform she had to pull herself up because the wooden ladder placed there did not reach the platform. Ms. Herberchuk stated further that she did not know if the pulley was attached to the wire or where the strap had come from.

[HN4] “The question to be decided is whether the jury reasonably could have concluded that, in view of all the circumstances, an ordinarily prudent person in the defendant’s position would have taken steps, not taken by the defendant, to prevent the accident that occurred.” Id. at 89. In this case the evidence shows that 4-H [*7] had removed both the ladder and the safety equipment used with the zipwire during the camping season. Upon arriving at the outing Ms. Herberchuk saw no ladder allowing entry to the platform rendering the zipwire inaccessible, it being twenty feet above the ground. Ms. Herberchuk chose to use the zipwire without the benefit of safety equipment or instructions on the use of the device. Ms. Herberchuk also admitted in her deposition that she knew there was a chance she could be injured but decided to use the apparatus. Further, 4-H did not have a duty to warn Ms. Herberchuk of the obvious dangers involved with using the zipwire without safety equipment or instruction. “There is no duty to warn of dangers obvious to persons of average intelligence.” Thorson v. Mandell, 402 Mass. 744, 749, 525 N.E.2d 375 (1988). On this evidence, a fair minded jury could not return a verdict for the plaintiff.

2. The Claim Against Teleglobe.

[HN5] “Before liability for negligence can be imposed there must first be a legal duty owed by the defendant to the plaintiff, and a breach of that duty proximately resulting in the injury.” Davis v. Westwood Group, 420 Mass. 739, 743, 652 N.E.2d 567 (1995). [*8] Ms. Herberchuk urges that Teleglobe played a part in the organization and funding of the outing at which the plaintiff was injured. The evidence, however, is to the contrary. First, the outing was organized by Teleglobe employees because the company no longer sponsored such events. Second, the money to pay for the outing was raised by a group of employees independent of Teleglobe through the use of a raffle. Finally, Ms. Herberchuk’s attendance was not required by her employment and she received no compensation for attending. On this evidence a reasonable jury could not find that Teleglobe owed any duty to Ms. Herberchuk.

ORDER

For the foregoing reasons, it is hereby ORDERED that defendants’, 4-H and Teleglobe, motions for summary judgment are ALLOWED.

Raymond J, Brassard

Justice of the Superior Court

Dated: March 11, 1999


An Automobile Club that is concerned about the Environment: You should join!

I’ve posted about the Better World Club several times because they provide bicycle as well as automobile breakdown insurance. Car needs a jump call the Better World Club. Bike breaks a wheel, call the Better World Club.

The Better World Club started because its competitor supported the petroleum industry (and pollution). That is another important message that gets lost. Check them out, read the email below.

July, 2014
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GET MOVING

‘ROLLIN’ COAL’ — TALK ABOUT YOUR SECOND-HAND SMOKE

NEW FAD SHOVES ANTI-ENVIRONMENTAL AGENDA DOWN PEOPLE’S LUNGS

5a12e896-de07-4d67-8580-dbcf29392ee6.pngIn reaction to EPA’s increasingly rigid environmental regulations and Obama’s squeeze on carbon emissions, diesel truck drivers are using a technique that originated in truck-pull competitions to deliberately emit clouds of black soot onto individuals and, their favorite target, Prius drivers.

The technique is known as: rolling coal.

So, how do Rollers get huge puffs of grimy smoke to billow out of their exhaust? By modifying their vehicle to dump excess fuel into the motor, which originally served the purpose of allowing truck-pull drivers to carry a weighted sled farther and faster. It’s highly inefficient to say the least, as the black smoke is essentially fuel that hasn’t been burned. The whole arrangement doesn’t come cheap either. Modifying one’s vehicle to roll coal can cost anywhere from $500 to $5,000.

To top that off, it could get you a hefty ticket.

The modification itself violates EPA regulations — making the whole thing quite illegal:

“It is a violation of the [Clean Air Act] to manufacture, sell, or install a part for a motor vehicle that bypasses, defeats, or renders inoperative any emission control device.”(Source)

65b4fb5c-4d7a-41cd-bccc-180a033ae215.jpgAnd that’s exactly what one does to “roll coal.”

But does any of this really matter to coal rollers? Probably not. And since this is supposedly an anti-environmental “protest” the fact that diesel exhaust is one of the nation’s most pervasive sources of toxic air pollution, and black carbon, a component of diesel pollution, is one of the largest drivers of climate change…well, that probably doesn’t matter to them either.

How about the fact that, much like second-hand cigarette smoke, diesel exhaust is carcinogenic? Maybe then they should stop sticking their heads down their smokestacks.

Unlike second-hand cigarette smoke, however, the victims of coal rolling aren’t innocent by-standers. No, they are the targets of this abuse that not only hurts the environment, but makes people sick.

Scientific studies link pollutants in diesel exhaust to a myriad of public health effects, including asthma attacks, heart attacks, stroke, cancer, and premature death.

Also, inhaling diesel fumes is a great way to kill brain cells. (Hmmm…perhaps that’s the explanation.)

5d983231-dfd4-444f-87fa-d6af2cf7b36f.jpgRecently, those who subscribe to this subculture have been getting bold by using social media to promote and parade these ignorant stunts.

Watch one of their many YouTube videos here :Diesels Rolling Coal on PEOPLE 2014 Compilation

What to do besides roll up your windows and turn off your vents:

  • If you’re a member of Better World Club you’re already doing something: BWC is currently configuring a carbon offset plan specifically designed to combat coal rolling.
  • Join the Diesel Clean-up Campaign!Clean Air Task Forceand state-based partners launched the national Diesel Clean-up Campaign. To learn more, and to take action in support of this campaign, please visit theDiesel Clean-up Campaign.
  • SIGN THE PETITION!!! TELL THE EPA AND JUSTICE DEPARTMENT TO CRACK DOWN ON COAL ROLLERS!!

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READ MORE:
Slate.com
Huffington Post
Fox News

WASHINGTON WATCH

(Almost) TOTAL RECALL: Did Arnold Schwarzenegger Run GM?

RATED NO STARS FOR RECKLESS INACTION

d3df8e1a-c273-46b9-97e6-bd842f2a5175.png

General Motors’ ignition switch scandal is definitely the stuff that movies are made of: deception, moral conundrums, tragic outcomes, a protagonist attempting to overcome a past mistake. The real tragedy, however, is that this isn’t a movie…

The true story, if you recall (OK, we’ll stop with all the homonyms), is that the scandal involved employees who had learned that ignition switches used in Chevrolet Cobalts, Saturn Ions and other GM vehicles were defective but delayed (ahem, failed) to issue recalls for the defect for more than a decade — a delay which sparked U.S. government investigation.

The malfeasance proved simply too great to be swept under the floor mat: the switches — which can be inadvertently shut off when jarred, cutting power to the engine and deactivating air bags — have been linked to at least 13 deaths.

To date, GM has recalled almost 28.5 million cars world wide, an all-time annual record. Remember, this doesn’t mean GM has recalled 28.5 million cars, since some were recalled more than once — but regardless of how you cut it…that’s a lot of cars!

“Few companies in history have ever sold more cars, and few companies have ever demanded as many of them back,” commented John Oliver— Last Week Tonight.

Despite the huge outreach efforts, Forbes reports that, as of June 4, there are approximately 2 million unrepaired cars still tooling around U.S. roads.

The Society of Automotive Engineers found that industry-wide, about 70 percent of recalled cars get repaired. GM’s record is better than most: spokesman Kevin Kelly said an average of 80 percent of recalled cars are fixed within the first year; 85 percent by the second year. In a case like this, where lives are at stake, that just doesn’t seem good enough.

In response to the scandal several bills have been introduced to prevent future misconduct. Hide No Harm Act is one such bill. The bill would make it a crime for corporate officers to knowingly conceal a product defect or corporate action that “poses a danger of death or serious physical injury to consumers and workers.” Executives who do so would face up to five years in prison and potential fines.

In her testimony, GM CEO Mary Barra reiterates that the company’s employees won’t forget the lessons of the recall, and they’re working hard to address the underlying issues.

However, many may have lost faith in GM to police itself. The Hide No Harm Act would work as a safety net, act as remuneration, and represent a reminder in and of itself.

Actions speak loader than words:

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GIVING DIRECTIONS

Colorado Scenic and Historic Byways 25th Anniversary Conference on June 19 & 20, 2014, along the Peak to Peak Scenic Byway, at the Ameristar Convention Center in Black Hawk, Colorado.

More information: Colorado Scenic and Historic Byways 25th Anniversary — CDOT

image

Colorado Scenic and Historic Byways 25th Anniversary …

25th Anniversary Conference June 19 & 20, 2014 Black Hawk, Colorado Conference Registration & Sponsorship Conference Agenda

View on www.coloradodot.info

Preview by Yahoo

Byways.Elevated.

June 19 – 20th

Colorado’s Byways 25th Anniversary

AGENDA

THURSDAY – June 19

3:00 – 4:30 Conference Registration, Reception, & Check-In Entertainment by Bear Limvere

5:00 – 6:00 Keynote Speaker -Joe Calhoon, Author of

The One Hour Plan for Growth

6:00 – 7:30 Welcome & Awards Dinner FRIDAY – June 20

7:00 – 8:30

9:00 – 9:45

Breakfast & Opening Remarks, Special Awards Navigating the Road to Private Funding ­

Jeffery Pryor, Ed.D., CEO of Pathfinder Solutions

1st Breakout Sessions

• Keeping Your Byway Relevant and Moving into the Future Panel – Scott Brutjen, Bob Marshall & Kelli Hepler

• Keeping the Scenery in Scenic Byways

Don Bruns & Karla Rogers

• The Benefits of Colorado Byways – Shelby Sommer & Matt Goebel

2nd Breakout Sessions

• Shaping Your Board into Byway Leaders – Janine Vanderburg

• Driving Your Byway Message Straight to the Traveler ­

Kelly Barbello

• #Savvy Social Media Panel – Bobby Weidmann, Angus Shee

& Allison Bejarano

Luncheon with Guest Presentation – Hokkaido, Japan Byways

Colorado Meadows

Colorado Meadows (Photo credit: QualityFrog)

3rd Breakout Sessions

• Latest Trends in Keeping Our Historic Buildings – Patrick Ideman

• Byways and Your Belly! – Judy Walden

• Securing Colorado Byways: ‘GIS Project’ – Charlotte Bumgarner

& Yvonne Barnes

4th Breakout Sessions

• Gaining Legislative Support for Colorado Byways – Roger Wilson

• Engaging the Youth in Byways – Michelle Pearson

• Healthy Highways – Judy Walden & Gaylene Ore

ColoradoGives.org -Dana Rinderknecht, Community First Foundation

The former gold mining camp of Black Hawk, Col...

The former gold mining camp of Black Hawk, Colorado (Photo credit: Wikipedia)

Closing Remarks

Lenore Bates, Program Manager

Colorado Scenic and Historic Byways

CDOT | 4201 E Arkansas Ave, Shumate Bldg | Denver CO 80222

P 303.757.9786 | F 303.757.9727

Lenore.Batess | www .coloradobyways.org

Colorado Byways connect tourists, preservationists and local communities.

Agenda052914.pdf

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