[Vision2020] Snow Grouch

[Craine Kit]

What happened was I got old and began to pay (body-wise) for all  
those good ol' days when my ass bounced. I don't bounce no more--I  
break. Long a go I outgrew out this baloney that I am responsible for  
avoiding damage caused by someone else's negligence (e.g. if you  
don't want to be killed by a drunk driver, stay off the roads when  
the bars close).

I have a duty to exercise due care, but that does not absolve a  
property owner's duty under the law (which is above and beyond Moscow  
city ordinances) to ensure the safety of pedestrians using the public- 
right-of-way across their property. The attitude that I should  
"figure out how to walk" is a cop-out. Property owners are liable for  
injuries which are the result of the failure to clear ice and snow  
off their sidewalks. They cannot avoid responsibility for their  
negligence by blaming the one who was harmed.

To attempt to do so is no different than telling a property owner  
that if he/she doesn't want your dog's shit on their lawn, they  
should clean it up. Your dog,  your shit, your responsibility to  
clean it up. Your sidewalk, your ice, your responsibility to clean it  
off. If you don't and someone is hurt, you pay the bills. If you  
don't pay immediately, you deserve to be sued. If the city knowingly  
allows preventable injuries on the public-right-of-way, it deserves  
to be sued.


Kit Craine





On Dec 23, 2008, at 7:52 PM, Matt Decker wrote:

> Whatever happened to the good ol' days when you slipped on your ass  
> and you got back off, laughing it off? Now it's a lawsuit waiting  
> to happen. Everywhere you look there is a lawsuit. Makes it scary  
> to do anything now a days.
>
> I agree that all home owners should take care of their sidewalks,  
> but don't agree that a lawsuit should follow, if the pedestrian  
> can't figure how to walk.
>
> Should snow plowers be held responsible if they plow the snow as  
> close as they can to your car and you fall when you are shoveling  
> your car out?
>
>
> Matt
>
> PS Great job city o Moscow with the job at hand
>
> > Date: Mon, 22 Dec 2008 19:49:08 -0800
> > From: kcraine at verizon.net
> > To: bevbafus at verizon.net
> > CC: vision2020 at moscow.com
> > Subject: Re: [Vision2020] Snow Grouch
> >
> > Speaking as a person who not only drives a 1990 Honda Civic but one
> > with all-weather tires (learned how to do that Anchorage with a
> > Renualt LeCar ), I agree with Bev (except for 4). I can go as  
> long as
> > my tires touch occasionally and I'm at the "sweet-spot" speed. I'm
> > stuck when some @@#$%%^$%&** in a big honkin', gas-guzzeling SUV
> > with all-wheel drive, studs- all-around decides --despite the law--
> > that "yield right-of-way" applies to the smaller vehicle.
> >
> > One of the fundamental responsibilities of government is to ensure
> > that the public can use their right-of-way (both streets and
> > sidewalks) safely and efficiently to go from point "A" to point "B".
> > For decades, the City of Moscow has taken pride in failing that  
> duty.
> > I can't count the times I've suggested improvements to the plowing
> > system only to be told that I need to "accept responsibility" for my
> > own transportation (i.e. run a a big honkin', gas-guzzeling SUV with
> > all-wheel drive, studs- all-around or stay off the streets) rather
> > than demanding that the nanny government take care of me by actually
> > plowing the streets. I've fought for years to get the city to  
> enforce
> > the ordinance which makes properly owners responsible for clearing
> > their sidewalks are clear of ice and snow. Same answer. I should
> > "accept responsibility for my safety" by either wearing Yak-Traks or
> > staying off icy areas (i.e. walk in the traffic lanes) so as to  
> avoid
> > harm caused by the property owner's negligence.
> >
> > In other words, the city has dumped their responsibility for  
> traffic/
> > pedestrian safety on the users of the public right-of-way. After
> > banging my head against this for years, I've come to the realization
> > that the only solution to the city's failure to clear the streets
> > and sidewalks is to have each and every person who suffers harm as a
> > result --SUE the city for mega-bucks.
> >
> > I am saying nothing against the hard-working people who drive the
> > plows. They do an awesome job involving long hours. My criticism is
> > to the managers who tell those workers to not leave a berm as they
> > carefully go around parked cars rather than telling the owners to
> > move their vehicles. Citizen participation in snow removal should
> > involve helping the city, not having to run a big honkin', gas-
> > guzzeling SUV with all-wheel drive, studs-all-around in order to get
> > around.
> >
> > Kit Craine
> >
> > P.S. To the idiot who pulled out of the Co-op parking lot into my
> > path at about 1:50 pm on the 21st as I was swimming my Civic through
> > the berm doing a left turn into the lot: you deserved to be flipped
> > off and the curses I laid on your head. By law, you were required to
> > yield me the right-of-way. That means you stop and wait until I
> > complete my maneuver. The fact your vehicle was bigger than mine is
> > inmaterial.
> >
> >
> >
> >
> >
> > On Dec 22, 2008, at 4:02 PM, bevbafus at verizon.net wrote:
> >
> > > From a confirmed snow grouch, my top 5 reasons to hate snow in
> > > Moscow:
> > >
> > > 5. *&%&$*#&$ Berms
> > > 4. Physics-challenged people driving Honda Civics and Ford Focuses
> > > who
> > > think they can drive over the *#&$$# berms.
> > > 3. People who think that because of berms, driving laws are
> > > suspended,
> > > and they can turn from the left lane on Jackson right onto 3rd  
> or 6th.
> > > 2. Landowners along all the major highways within Moscow who don't
> > > clean their *#$&*$& sidewalks. Especially along north 95, and  
> south
> > > 95.
> > > People are walking IN THE HIGHWAYS AGAIN FOR CRYING OUT LOUD!!!
> > > (these
> > > landowners include the State of Idaho and the City of Moscow)
> > > 1. And coming in at NUMBER ONE: There is a right turn lane on
> > > Highway
> > > 95 near Pintail Lane, people. I am IN MY LANE. I HAVE MY TURN  
> SIGNAL
> > > ON. Just because you are in the RUTS does not mean you need to  
> lay on
> > > your horn. YOU ARE NOT IN YOUR LANE.
> > >
> > > =======================================================
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> > > serving the communities of the Palouse since 1994.
> > > http://www.fsr.net
> > > mailto:Vision2020 at moscow.com
> > > =======================================================
> >
> > =======================================================
> > List services made available by First Step Internet,
> > serving the communities of the Palouse since 1994.
> > http://www.fsr.net
> > mailto:Vision2020 at moscow.com
> > =======================================================
>
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