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Kit, <br><br>I would like to discuss this topic more, but due to the inability to keep my eye open(pink eye), I'll make it quick.<br><br>What specific tasks has the city not fulfilled, ones that you deem potentially sue worthy?<br><br>Take care<br>Matt<br><br>> Date: Wed, 24 Dec 2008 21:01:43 -0800<br>> From: kcraine@verizon.net<br>> To: mattd2107@hotmail.com<br>> CC: vision2020@moscow.com<br>> Subject: Re: [Vision2020] Snow Grouch<br>> <br>> What happened was I got old and began to pay (body-wise) for all <br>> those good ol' days when my ass bounced. I don't bounce no more--I <br>> break. Long a go I outgrew out this baloney that I am responsible for <br>> avoiding damage caused by someone else's negligence (e.g. if you <br>> don't want to be killed by a drunk driver, stay off the roads when <br>> the bars close).<br>> <br>> I have a duty to exercise due care, but that does not absolve a <br>> property owner's duty under the law (which is above and beyond Moscow <br>> city ordinances) to ensure the safety of pedestrians using the public- <br>> right-of-way across their property. The attitude that I should <br>> "figure out how to walk" is a cop-out. Property owners are liable for <br>> injuries which are the result of the failure to clear ice and snow <br>> off their sidewalks. They cannot avoid responsibility for their <br>> negligence by blaming the one who was harmed.<br>> <br>> To attempt to do so is no different than telling a property owner <br>> that if he/she doesn't want your dog's shit on their lawn, they <br>> should clean it up. Your dog, your shit, your responsibility to <br>> clean it up. Your sidewalk, your ice, your responsibility to clean it <br>> off. If you don't and someone is hurt, you pay the bills. If you <br>> don't pay immediately, you deserve to be sued. If the city knowingly <br>> allows preventable injuries on the public-right-of-way, it deserves <br>> to be sued.<br>> <br>> <br>> Kit Craine<br>> <br>> <br>> <br>> <br>> <br>> On Dec 23, 2008, at 7:52 PM, Matt Decker wrote:<br>> <br>> > Whatever happened to the good ol' days when you slipped on your ass <br>> > and you got back off, laughing it off? Now it's a lawsuit waiting <br>> > to happen. Everywhere you look there is a lawsuit. Makes it scary <br>> > to do anything now a days.<br>> ><br>> > I agree that all home owners should take care of their sidewalks, <br>> > but don't agree that a lawsuit should follow, if the pedestrian <br>> > can't figure how to walk.<br>> ><br>> > Should snow plowers be held responsible if they plow the snow as <br>> > close as they can to your car and you fall when you are shoveling <br>> > your car out?<br>> ><br>> ><br>> > Matt<br>> ><br>> > PS Great job city o Moscow with the job at hand<br>> ><br>> > > Date: Mon, 22 Dec 2008 19:49:08 -0800<br>> > > From: kcraine@verizon.net<br>> > > To: bevbafus@verizon.net<br>> > > CC: vision2020@moscow.com<br>> > > Subject: Re: [Vision2020] Snow Grouch<br>> > ><br>> > > Speaking as a person who not only drives a 1990 Honda Civic but one<br>> > > with all-weather tires (learned how to do that Anchorage with a<br>> > > Renualt LeCar ), I agree with Bev (except for 4). I can go as <br>> > long as<br>> > > my tires touch occasionally and I'm at the "sweet-spot" speed. I'm<br>> > > stuck when some @@#$%%^$%&** in a big honkin', gas-guzzeling SUV<br>> > > with all-wheel drive, studs- all-around decides --despite the law--<br>> > > that "yield right-of-way" applies to the smaller vehicle.<br>> > ><br>> > > One of the fundamental responsibilities of government is to ensure<br>> > > that the public can use their right-of-way (both streets and<br>> > > sidewalks) safely and efficiently to go from point "A" to point "B".<br>> > > For decades, the City of Moscow has taken pride in failing that <br>> > duty.<br>> > > I can't count the times I've suggested improvements to the plowing<br>> > > system only to be told that I need to "accept responsibility" for my<br>> > > own transportation (i.e. run a a big honkin', gas-guzzeling SUV with<br>> > > all-wheel drive, studs- all-around or stay off the streets) rather<br>> > > than demanding that the nanny government take care of me by actually<br>> > > plowing the streets. I've fought for years to get the city to <br>> > enforce<br>> > > the ordinance which makes properly owners responsible for clearing<br>> > > their sidewalks are clear of ice and snow. Same answer. I should<br>> > > "accept responsibility for my safety" by either wearing Yak-Traks or<br>> > > staying off icy areas (i.e. walk in the traffic lanes) so as to <br>> > avoid<br>> > > harm caused by the property owner's negligence.<br>> > ><br>> > > In other words, the city has dumped their responsibility for <br>> > traffic/<br>> > > pedestrian safety on the users of the public right-of-way. After<br>> > > banging my head against this for years, I've come to the realization<br>> > > that the only solution to the city's failure to clear the streets<br>> > > and sidewalks is to have each and every person who suffers harm as a<br>> > > result --SUE the city for mega-bucks.<br>> > ><br>> > > I am saying nothing against the hard-working people who drive the<br>> > > plows. They do an awesome job involving long hours. My criticism is<br>> > > to the managers who tell those workers to not leave a berm as they<br>> > > carefully go around parked cars rather than telling the owners to<br>> > > move their vehicles. Citizen participation in snow removal should<br>> > > involve helping the city, not having to run a big honkin', gas-<br>> > > guzzeling SUV with all-wheel drive, studs-all-around in order to get<br>> > > around.<br>> > ><br>> > > Kit Craine<br>> > ><br>> > > P.S. To the idiot who pulled out of the Co-op parking lot into my<br>> > > path at about 1:50 pm on the 21st as I was swimming my Civic through<br>> > > the berm doing a left turn into the lot: you deserved to be flipped<br>> > > off and the curses I laid on your head. By law, you were required to<br>> > > yield me the right-of-way. That means you stop and wait until I<br>> > > complete my maneuver. The fact your vehicle was bigger than mine is<br>> > > inmaterial.<br>> > ><br>> > ><br>> > ><br>> > ><br>> > ><br>> > > On Dec 22, 2008, at 4:02 PM, bevbafus@verizon.net wrote:<br>> > ><br>> > > > From a confirmed snow grouch, my top 5 reasons to hate snow in<br>> > > > Moscow:<br>> > > ><br>> > > > 5. *&%&$*#&$ Berms<br>> > > > 4. Physics-challenged people driving Honda Civics and Ford Focuses<br>> > > > who<br>> > > > think they can drive over the *#&$$# berms.<br>> > > > 3. People who think that because of berms, driving laws are<br>> > > > suspended,<br>> > > > and they can turn from the left lane on Jackson right onto 3rd <br>> > or 6th.<br>> > > > 2. Landowners along all the major highways within Moscow who don't<br>> > > > clean their *#$&*$& sidewalks. Especially along north 95, and <br>> > south<br>> > > > 95.<br>> > > > People are walking IN THE HIGHWAYS AGAIN FOR CRYING OUT LOUD!!!<br>> > > > (these<br>> > > > landowners include the State of Idaho and the City of Moscow)<br>> > > > 1. And coming in at NUMBER ONE: There is a right turn lane on<br>> > > > Highway<br>> > > > 95 near Pintail Lane, people. I am IN MY LANE. I HAVE MY TURN <br>> > SIGNAL<br>> > > > ON. Just because you are in the RUTS does not mean you need to <br>> > lay on<br>> > > > your horn. YOU ARE NOT IN YOUR LANE.<br>> > > ><br>> > > > =======================================================<br>> > > > List services made available by First Step Internet,<br>> > > > serving the communities of the Palouse since 1994.<br>> > > > http://www.fsr.net<br>> > > > mailto:Vision2020@moscow.com<br>> > > > =======================================================<br>> > ><br>> > > =======================================================<br>> > > List services made available by First Step Internet,<br>> > > serving the communities of the Palouse since 1994.<br>> > > http://www.fsr.net<br>> > > mailto:Vision2020@moscow.com<br>> > > =======================================================<br>> ><br>> ><br>> > It’s the same Hotmail®. If by “same” you mean up to 70% faster. Get <br>> > your account now.<br>> <br>> =======================================================<br>> List services made available by First Step Internet, <br>> serving the communities of the Palouse since 1994. <br>> http://www.fsr.net <br>> mailto:Vision2020@moscow.com<br>> =======================================================<br><br /><hr />Send e-mail anywhere. No map, no compass. <a href='http://windowslive.com/oneline/hotmail?ocid=TXT_TAGLM_WL_hotmail_acq_anywhere_122008' target='_new'>Get your Hotmail® account now.</a></body>
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