NYCkayaker Conn. Death, Dry Suits, Liability and Barriers

[bonnie13 at earthlink.net]

A comment left 2 after mine was interesting as it was from a group whose membership included some people who were evidently there that day, gives a little more information about the circumstances. NYC Kitesurfers post, #33 on the list. 

http://www.topix.net/forum/source/connecticut-post/T670R4L4UHFJNDD4U/p2





-----Original Message-----
>From: Richard Clifford <RichardClifford at earthlink.net>
>Sent: Dec 11, 2007 8:58 AM
>To: nyckayaker <nyckayaker at rockandwater.net>
>Subject: NYCkayaker Conn. Death, Dry Suits, Liability and Barriers
>
>Bob,
>    Settle down man! You are making me feel a bit squeamish about my day 
>ahead of me with all that talk of lawyers and vultures.
>
>    The reason for the "in excess of $75,000 "claim" is due to statutory 
>pleading obligations. A plaintiff must make an assertion as to the 
>perceived value of the lawsuit and the underlying causes of action. It 
>is not a limitation or assertion of the total value of the claim. Many 
>people have been offended by the allegations in some complaints that the 
>damages are [name some astronomical figure].  The belief guiding most 
>legislatures is that the damages should be proved and awarded by a jury, 
>not set forth in newspaper headlines. Way too garish for many of us.
>
>    Anyone who goes on the water any time of year and dies is no longer 
>to be called an idiot. They are the deceased person. So, calling the 
>dead guy an idiot really doesn't tell us much. What anyone must bear in 
>mind about the deceased and the claim that is being made by his wife or 
>his estate is that the first affirmative defense that will be offered up 
>is that he assumed the risks inherent in the activity which he 
>voluntarily undertook. His background, training and experience in 
>similar sports will also serve to undermine the assertions that he was 
>lured to his death by the lack of signs, fences, etc.. And his wife 
>recognized those risks which she articulated to him while pleading that 
>he not go out there int he cold, cold weather.
>
>    Another point about the dry suit. Lack of proper insulation means 
>that you die dry and cold. One potential reason for his dry suit to be 
>filled with water is "paradoxical undressing." The guy might have had 
>advanced hypothermia and felt that he was overheating. So, he did what 
>happens in those circumstances ... he may have opened his neck to let 
>out the heat (and eventually let in cold water).  BTW I did not see 
>mention that the dry suit manufacturer was named as a defendant int he 
>lawsuit. So, I think that some of you are leaping with an assumption on 
>that  point. Another intriguing detail is that the guy was found dead 2 
>miles from Statford beach and the search covered 260 square miles. That 
>leads me to guess that he also may have failed to have anyone spotting 
>him from the beach, or to stay in a pre-determined range, or to provide 
>a travel plan for his final adventure.
>
>    So, he is dead. Let's try to learn something from this and not 
>disparage the dead or his widow or the damn lawyer.And, I always thought 
>that "Mario Biaggi" was a legend (or maybe even just a NYC politician) 
>but not a 'real' person. Hard to imagine that he really and truly is a 
>practicing attorney. - Richard
>
>
>*Richard C. Clifford, Esq.
>Attorney at Law*
>1890 Palmer Avenue, Suite 302
>Larchmont, NY 10538
>
>Tel: (914) 834-0100 -or- 0757
>Cell: (917) 854-5824
>Fax: (914) 834-0888
>
>RichardClifford at earthlink.net 
>RichardClifford at NYSBar.com
>
>
>
>
>Robert Huszar wrote:
>
>>I think we should take up a collection and send the lawyer who's filed 
>>this claim -- just another professional vulture preying on someone's 
>>tragedy -- to Bulgaria for burial.
>>
>>The town is not responsible for the idiot's death. Any drysuit will fail 
>>if you are in the water long enough.
>>
>>If that widow wins money, I'm suing her for making my taxes go up.
>>
>>Maybe we all should sue her.
>>
>>Yeah, I know, I'm over reacting.  :)
>>
>>Bob
>>
>>  
>>
>>  
>>
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