Comments on: Jury blames hit-run death on wheelchair curb cut https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/ Chronicling the high cost of our legal system Mon, 26 Feb 2007 17:07:13 +0000 hourly 1 By: sean https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/comment-page-1/#comment-5986 Mon, 26 Feb 2007 17:07:13 +0000 http://overlawyered.com/wpblog/?p=4550#comment-5986 Why have we decided as a society that if something goes wrong then somebody is going to pay through the nose for it. Tragic accidents happen and it is a dangerous fiction to assume that things can be made so safe that nobody will ever get hurt again.

]]> By: Kim & Sophie https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/comment-page-1/#comment-13593 Sun, 25 Feb 2007 21:44:24 +0000 http://overlawyered.com/wpblog/?p=4550#comment-13593 The curb cut was put there so wheelchair users like myself can have access to the store like everyone else. If there is no curb cut there’s no way to access the building. If the curb cut was added next to a street it’s so when we park we can get out of the car and NOT have to move down the street to the nearest intersection. This can be really dangerous because 1 we are on the street and 2 we are so short that most vehicles windows are a lot taller than us and people might not see us. Also if we are driving we would have to put our wheelchair together in the street, or if we were a passenger we might not even be able to get out of the car because of the curb. With the curb cut the store becomes accessible and we get a better chance of not getting hit by a car.

We are also not told of what this girl’s exact level of disability was. Would she have stopped at a curb cut at a regular intersection? Would she have watched for traffic? If it was a regular crosswalk and someone went to make a right turn would she have known to stop and not keep on walking? There are so many unanswered questions here. I’m not trying to say she was incapable of things and deserved anything because she totally didn’t but I am saying no one here could possibly know every detail and have proved they don’t.

]]> By: Kim & Sophie https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/comment-page-1/#comment-12075 Sun, 25 Feb 2007 21:44:24 +0000 http://overlawyered.com/wpblog/?p=4550#comment-12075 The curb cut was put there so wheelchair users like myself can have access to the store like everyone else. If there is no curb cut there’s no way to access the building. If the curb cut was added next to a street it’s so when we park we can get out of the car and NOT have to move down the street to the nearest intersection. This can be really dangerous because 1 we are on the street and 2 we are so short that most vehicles windows are a lot taller than us and people might not see us. Also if we are driving we would have to put our wheelchair together in the street, or if we were a passenger we might not even be able to get out of the car because of the curb. With the curb cut the store becomes accessible and we get a better chance of not getting hit by a car.

We are also not told of what this girl’s exact level of disability was. Would she have stopped at a curb cut at a regular intersection? Would she have watched for traffic? If it was a regular crosswalk and someone went to make a right turn would she have known to stop and not keep on walking? There are so many unanswered questions here. I’m not trying to say she was incapable of things and deserved anything because she totally didn’t but I am saying no one here could possibly know every detail and have proved they don’t.

]]> By: Kim & Sophie https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/comment-page-1/#comment-11850 Sun, 25 Feb 2007 21:44:24 +0000 http://overlawyered.com/wpblog/?p=4550#comment-11850 The curb cut was put there so wheelchair users like myself can have access to the store like everyone else. If there is no curb cut there’s no way to access the building. If the curb cut was added next to a street it’s so when we park we can get out of the car and NOT have to move down the street to the nearest intersection. This can be really dangerous because 1 we are on the street and 2 we are so short that most vehicles windows are a lot taller than us and people might not see us. Also if we are driving we would have to put our wheelchair together in the street, or if we were a passenger we might not even be able to get out of the car because of the curb. With the curb cut the store becomes accessible and we get a better chance of not getting hit by a car.

We are also not told of what this girl’s exact level of disability was. Would she have stopped at a curb cut at a regular intersection? Would she have watched for traffic? If it was a regular crosswalk and someone went to make a right turn would she have known to stop and not keep on walking? There are so many unanswered questions here. I’m not trying to say she was incapable of things and deserved anything because she totally didn’t but I am saying no one here could possibly know every detail and have proved they don’t.

]]> By: Kim & Sophie https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/comment-page-1/#comment-5985 Sun, 25 Feb 2007 17:44:24 +0000 http://overlawyered.com/wpblog/?p=4550#comment-5985 The curb cut was put there so wheelchair users like myself can have access to the store like everyone else. If there is no curb cut there’s no way to access the building. If the curb cut was added next to a street it’s so when we park we can get out of the car and NOT have to move down the street to the nearest intersection. This can be really dangerous because 1 we are on the street and 2 we are so short that most vehicles windows are a lot taller than us and people might not see us. Also if we are driving we would have to put our wheelchair together in the street, or if we were a passenger we might not even be able to get out of the car because of the curb. With the curb cut the store becomes accessible and we get a better chance of not getting hit by a car.

We are also not told of what this girl’s exact level of disability was. Would she have stopped at a curb cut at a regular intersection? Would she have watched for traffic? If it was a regular crosswalk and someone went to make a right turn would she have known to stop and not keep on walking? There are so many unanswered questions here. I’m not trying to say she was incapable of things and deserved anything because she totally didn’t but I am saying no one here could possibly know every detail and have proved they don’t.

]]> By: Kim & Sophie https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/comment-page-1/#comment-10866 Sun, 25 Feb 2007 17:44:24 +0000 http://overlawyered.com/wpblog/?p=4550#comment-10866 The curb cut was put there so wheelchair users like myself can have access to the store like everyone else. If there is no curb cut there’s no way to access the building. If the curb cut was added next to a street it’s so when we park we can get out of the car and NOT have to move down the street to the nearest intersection. This can be really dangerous because 1 we are on the street and 2 we are so short that most vehicles windows are a lot taller than us and people might not see us. Also if we are driving we would have to put our wheelchair together in the street, or if we were a passenger we might not even be able to get out of the car because of the curb. With the curb cut the store becomes accessible and we get a better chance of not getting hit by a car.

We are also not told of what this girl’s exact level of disability was. Would she have stopped at a curb cut at a regular intersection? Would she have watched for traffic? If it was a regular crosswalk and someone went to make a right turn would she have known to stop and not keep on walking? There are so many unanswered questions here. I’m not trying to say she was incapable of things and deserved anything because she totally didn’t but I am saying no one here could possibly know every detail and have proved they don’t.

]]> By: Kim & Sophie https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/comment-page-1/#comment-10875 Sun, 25 Feb 2007 17:44:24 +0000 http://overlawyered.com/wpblog/?p=4550#comment-10875 The curb cut was put there so wheelchair users like myself can have access to the store like everyone else. If there is no curb cut there’s no way to access the building. If the curb cut was added next to a street it’s so when we park we can get out of the car and NOT have to move down the street to the nearest intersection. This can be really dangerous because 1 we are on the street and 2 we are so short that most vehicles windows are a lot taller than us and people might not see us. Also if we are driving we would have to put our wheelchair together in the street, or if we were a passenger we might not even be able to get out of the car because of the curb. With the curb cut the store becomes accessible and we get a better chance of not getting hit by a car.

We are also not told of what this girl’s exact level of disability was. Would she have stopped at a curb cut at a regular intersection? Would she have watched for traffic? If it was a regular crosswalk and someone went to make a right turn would she have known to stop and not keep on walking? There are so many unanswered questions here. I’m not trying to say she was incapable of things and deserved anything because she totally didn’t but I am saying no one here could possibly know every detail and have proved they don’t.

]]> By: Jim Collins https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/comment-page-1/#comment-5984 Sat, 24 Feb 2007 01:08:12 +0000 http://overlawyered.com/wpblog/?p=4550#comment-5984 There are only two CVS stores on North Middletown Road in Pearl River N.Y. Both have the same features that I am talking about.

]]> By: OBQuiet https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/comment-page-1/#comment-5983 Thu, 22 Feb 2007 21:02:26 +0000 http://overlawyered.com/wpblog/?p=4550#comment-5983 I wasn’t saying that they rebuilt the store. These are typically leased anyway. Often the term is for 5 years.

But I do not have the address of where the accident happened. If the original site did not have a parking lot. I think it would be likely that CVS would have been looking for one that did.

]]> By: Jim Collins https://www.overlawyered.com/2007/02/jury-blames-hit-run-death-on-wheelchair-curb-cut/comment-page-1/#comment-5982 Thu, 22 Feb 2007 16:50:44 +0000 http://overlawyered.com/wpblog/?p=4550#comment-5982 OBQuiet,

I don’t think that they totally rebuilt both stores so that they could add a parking lot. That being said, it wouldn’t suprise me if there wasn’t an ADA requirement for that curb cut. The idea behind the ADA regulations are sound, it is the implimentation that is flawed. If there wouldn’t have been a curb cut added, we could just as easily be discussing a lawsuit brought on by non-compliance with ADA regulations due to it’s ommission.

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