City to pay $500K to man injured by flying log

[JimMorrison]

There is no way the responsibility for what happened here can be blamed on anyone other then those initiating the action. The crew had all the men, tools, equipment, knowledge, etc. to do this correctly, they just failed to do so. The fact, that the building across the street is a bar, is entirely irrelevant.

 

[DR. P. Proteus]

There is no way the responsibility for what happened here can be blamed on anyone other then those initiating the action. The crew had all the men, tools, equipment, knowledge, etc. to do this correctly, they just failed to do so. The fact, that the building across the street is a bar, is entirely irrelevant.

Failed? To set a marked boundry for the dangerous work they were doing because they knew if someone was standing there it would be possible for that person to get crushed?

I wonder if this guy would go into a bank, walk right up to a person at a desk who is on the phone and sit down. I think if I was that person, in that bank, at the desk and on that phone I would reach across and smack that *******.


What's next? People suing because the coffee is to hot?



I almost took out a woman who ran out of her house to put her garbage can on the street. I had just sent her in telling her I was going to drop a tree... and I did.


Of course I am biased after the times my properly marked workzone was infiltrated by some ignorant degenerate. I mean that is what you would have to be to disregard the ******* road cones would ya!!???

 

[DR. P. Proteus]

How many times you have marked off a work zone, cut down a tree, or slapped your wife has nothing to do with this specific incident. Did you even bother to watch the video or read the article. There was no roped off work zone. One of the crew served that function. The boundary you refer to was to divert vehicular traffic.The person who got injured was standing right next to one of the crew. He made the mistake of assuming the crew knew what they were doing. Did you see the other log that came shooting out of that pile? It missed taking out that power line pole by less then a foot! Forget your personal bias and just look at this incident for what it is.

Aren't you cute? Love the inappropriate and abusive comment your ignorant and degenerate mind felt necessary to interject.

the video doesn't show much at all save for the aftermath where the boundry tape is.

Or was.

Anyway, why do you have to make those kind of comments?

 

[JimMorrison]

There is no boundary tape! At the end of the video, the crew member is ducking under the cable coming from the winch, mounted on the truck they used to pull the tree over. How can you pretend to have an intelligent opinion on something you won't even bother to look at?

 

[TBS]

What's next? People suing because the coffee is to hot?

https://en.m.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants

 

[DR. P. Proteus]

You said this:

There is no boundary tape! At the end of the video, the crew member is ducking under the cable coming from the winch, mounted on the truck they used to pull the tree over. How can you pretend to have an intelligent opinion on something you won't even bother to look at?

It looks to me the boundry tape was knocked down by the log. I even slowed the video down and that's what it looks like. I also see the worker there so even if that wasn't tape the guy went around the human barrier.

And I can't tell you how many time some ignorant degenerate walked up behind me and got in the way. You can put up all the cones and tape and barriers you want. Got to watch them ignorant degenerates, they go to ****** bars in the daytime, stumble into jobsites and make stupid ass comments about other men's wives.

 

[JimMorrison]

You went back and edited your post to make it look better, really, that's all you got? The world is full of ignorant degenerants, but you are intelligent and morally pure. Well good for you. There was no boundary tape, that is stated by the official representing the city of St. Paul. The crew got complacent and made a mistake. You were out of line, just admit it.

 

[TBS]

Looking at the video the log was ejected from marked area the crew was working in and struck the person so that would make the city liable.

 

[JimMorrison]

Dropping that tree onto that pile of logs was never a good idea. They could have got away with it, but this time, they didn't.

 

[TBS]

The logs also caused damage to the structure.

 

[JimMorrison]

The article states the elm tree was 120 to 160 years old, 4' diameter, 60' foot tall. The limb that hit the guy was 7' x 1 1/2', estimated at 862 lbs. The main trunk was reduced to about 25-30 feet. What does it weigh? I don't know, but it's a big number. There can't be very many boulevard trees of this size left in St. Paul. The crew just did not realize the potential energy involved. They probably have done this many times before with no problems. It just did not work this time, with this tree.

 

[Philbert]

Tell ME I am outta line!? **** you.

Well, as the OP for this thread, I would like to steer it back on discussion of:

- appropriate felling techniques in an urban setting; and

- the reasonableness of the liability award.

(Maybe you 2 could get a room somewhere).

Thanks.

Philbert

 

[JimMorrison]

I was already done, but thanks for the reminder.

 

[jackjcc]

The article states the elm tree was 120 to 160 years old, 4' diameter, 60' foot tall. The limb that hit the guy was 7' x 1 1/2', estimated at 862 lbs. The main trunk was reduced to about 25-30 feet. What does it weigh? I don't know, but it's a big number. There can't be very many boulevard trees of this size left in St. Paul. The crew just did not realize the potential energy involved. They probably have done this many times before with no problems. It just did not work this time, with this tree.

There's an incredible number of trees left like this in St. Paul and Minneapolis. St. Paul takes the proactive steps to not be in court. Settling this prevented the uncertainty of what a jury would think. As a lot of people in this thread have commented, there's many ways to skin the cat and I'm sure theres an "expert" out there that would say this method isn't safe. Then maybe the city could be on the hook for a million plus.


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[jackjcc]

Well, as the OP for this thread, I would like to steer it back on discussion of:

- appropriate felling techniques in an urban setting; and

- the reasonableness of the liability award.

(Maybe you 2 could get a room somewhere).

Thanks.

Philbert

I'd like the open face notch for this situation. The log moving forward pushed the logs out. If it's still attached to the stump all the energy is driven down.

The crew should have kept civilians 2 tree lengths away. Across the street is too close.

The article doesn't mention who covered his medical expenses. With what was listed I can see him have hundreds of thousands in medical expenses. His quality of life will never be the same and I think the city would be found negligent by allowing people to be so close.


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[LoveStihlQuality]

There's an incredible number of trees left like this in St. Paul and Minneapolis. St. Paul takes the proactive steps to not be in court. Settling this prevented the uncertainty of what a jury would think. As a lot of people in this thread have commented, there's many ways to skin the cat and I'm sure theres an "expert" out there that would say this method isn't safe. Then maybe the city could be on the hook for a million plus.


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The original said that liability is limited to $500,000 by state law for government. Unfortunately, this is not uncommon. Moreover, some state law require that a Notice of Tort Claim be served on government and state attorney general within 180 or 270 days even though may be 2 year statute of limitations. Failure to jump through these hoops will have claim dismissed.

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[DR. P. Proteus]

Reading the very first line:

" Delmer Fladwood never saw the 800-pound log careening toward him in St. Paul almost four years ago..."

 

[DR. P. Proteus]

I suppose a city will settle when it comes to stuff like this which makes me think maybe I should get into a little " slip and fall" myself.

I dunno: When you drive a state road and hit a pothole you are travelling at your own risk.

 

[pdqdl]

I'll ask you guys :

Is using other limbs to cushion a falling tree 'standard practice'?

Yes.

Ever seen a limb that big fly that far?

Never on my watch. A certain amount of experience would have suggested to lay them out so that wouldn't happen.

Would you have thought that that guy was far enough away (before reading the story / watching the video?

Philbert

Yes & no. Not far enough away, if ye'r gonna fling logs about, plenty safe if you prevent that from happening.

The workers appear to have stacked the logs in a pyramid for some reason. This was the cause of the fleeing logs, and why the guy got injured. Building a stack of logs is not normal, and not needed, either.

 

[Wow]

I think you might be surprised. I know I am every time I see it... or even do it.

I do admit I stack my logs paying attention to what might be thrown because I lernt that lesson long ago, thankfully it wasn't downtown outside a bar.

I wonder what would happen IF, just wondering, IF those logs had all been chained together, tied or secured as one????? Maybe they would have not blew out????? Has anyone ever thought about doing it that way???????