Posted on 12/12/2005 12:40:16 PM PST by SmithL
The best description of the 9th I've ever heard
Sometimes I really hate the world.
I can't believe this culture we're fostering of "you didn't try hard enough to stop me from killing myself by engaging in obviously dangerous activities."
We're going to have to have official gov't hand-holders to help us cross the street in the near future I'm sure...
The interesting part of this case to me was the fact that there were allegations of recklessness. My recollection was that in the complaint there were allegations that the park service had constructed bathrooms and in the process diverted some water-flow (more like sewage) to the rocks. This was allegedly the cause of the rock-fall in this case. The case was not allowed to proceed to trial, which means that the plaintiff was not allowed to try to prove this allegation. I believe he had an expert lined up prepared to testify. As a climber, I'll take my chances with the natural change in topography or the risk that another climber will dislodge a rock (even if due to carelessness; i.e., negligence), but I'm not happy being faced with a risk created by the installation of more bathrooms if I am not forewarned about it.
What a novel approach. Maybe it will establish a trend in civil litigation.
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