NYCkayaker Danger

[Kai Mei]

I don't know the definition of "frivoulous" legally, but I do know  
what an ambulance chaser is. This quote of the suit prepared by  
Biaggi shows the worse parts of our legal system.



The suit claims Stoil Popow's death was "a result of the negligence  
and carelessness" of the town in "failing to adequately warn the  
deceased and others of the hazardous and unsafe conditions present at  
Long Beach West and the surrounding waters of Long Island Sound."


IMO, the town didn't make the sea dangerous, nor do they have the  
right or duty to protect individuals from their own bad luck,  
stupidity, or carelessness.



Full text, original is gone:

Article Last Updated: 12/07/2007 10:46:11 PM EST

STRATFORD — The widow of a professional skier from Bulgaria who  
drowned while kitesurfing off Long Beach West two years ago has filed  
a negligence lawsuit against the town in U.S. District Court in  
Bridgeport.

Veneta Popow, 37, of Peekskill, N.Y., filed the suit seeking in  
excess of $75,000 for the death of her husband, 48-year-old Stoil  
Popow on Jan. 21, 2006.

The search for Popow, one of the most intensive ever in the area,  
included U.S. Coast Guard helicopters from as far away as Cape Cod  
and covered about 260 square miles.

The drowning also touched off worldwide reaction, as people from  
around the globe contributed money so the Bulgarian native's wish to  
be buried in his homeland could be realized.

U.S. Coast Guard officials said water had apparently filled Popow's  
dry suit when his body was discovered about two miles southeast of  
Stratford Point.

New York lawyer Mario Biaggi, representing the claimant, said Friday  
a key point in the suit is that a short time prior to Popow's death  
Stratford officials were forced to rescue a man in the same location.

"Our research turned up evidence that another person nearly drowned  
in the same spot," Biaggi said. "We believe that should have alerted  
town officials to taking precautions to prevent a tragedy they knew  
could happen."

The Popows immigrated to the United States from Bulgaria about 17  
years ago, shortly after their marriage.

``I begged him not to go into the water because it's winter,'' Veneta

Popow had said when interviewed by the Connecticut Post for a story  
that appeared in the newspaper Jan. 24, 2006. ``But he said that he  
had his dry suit and he would be well protected.

Biaggi said even if his client made those comments, "that still  
doesn't absolve the town of its negligence in Mr. Popow's death."

Named in the lawsuit are several current and former town  
firefighters, including Deputy Fire Chief Michael Hostetter, and  
Recreation Director Patricia Patusky.

The suit claims Stoil Popow's death was "a result of the negligence  
and carelessness" of the town in "failing to adequately warn the  
deceased and others of the hazardous and unsafe conditions present at  
Long Beach West and the surrounding waters of Long Island Sound."

The suit further states that Popow's death occurred because of  
Stratford's "failure to post warning signs, inviting the public to  
use Long Beach when there were no lifeguards on duty, failing to  
close the beach and or erect barriers limiting the public's access to  
the beach."

Also, the suit claims town firefighters efforts to rescue the  
drowning victim were carried out "with inadequate and or defective  
equipment incapable for completing a rescue in the conditions  
confronting the decedent."

Town Attorney Richard Buturla dismissed the suit's validity.

"We strongly deny all allegations and will rigorously defend the town  
in court," he said. "We do not believe there was any negligence on  
the part of the town."

Popow was a professional skier in his native Bulgaria and, after he  
drowned in a weekend kitesurfing accident, his widow and friends  
waged a worldwide effort to raise money to send his body back home  
for burial.

Biaggi said Friday that effort was successful and Popow was buried in  
his native land.

Friends and relatives described Popow at the time as an athletic man  
who could swim 15 miles.

Popow said after her husband drowned that he practiced kitesurfing  
more than three times a week. ``He was preparing himself to enter  
professional competitions,'' she said after his death, adding that  
her husband also "had experience in windsurfing and snowboarding. "



On Jan 1, 2008, at 4:19 PM, mike wrote:

> IMO , I do not think this case with the kite surfer will rise to  
> the level,
> or sink to the level of frivolous lawsuit, there is a deceased  
> person, and
> there is a family. The Sony fake critic class action suits are IMO
> frivolous; the injuries are not exactly serious, permanent or life
> threatening. There should be some kind of fine or penalty for Sony  
> but class
> action is a bit much.
>
> :
>>> To: Richard Clifford; nyckayaker
>>> Subject: Re: NYCkayaker Danger
>>>
>>> Rich,
>>>
>>> Are you claiming that the cost of defending against frivolous  
>>> lawsuits
>>> is not included in the insurance premiums the town pays?
>>>
>>> Note, I don't know enough detail to decide whether this actually  
>>> is a
>>> frivolous suit.  But for the question above, please stipulate that
>>> frivolous lawsuits exist.  It seems, Rich, that you're saying  
>>> there is
>>> zero cost to the defense.  Am I misunderstanding you?
>>>
>>> Thanks,
>>>
>>> mike
>>>
>>> __
>>> Mike Fischbein
>>>
>>>> -----Original Message-----
>>>> From: nyckayaker-bounces at rockandwater.net [mailto:nyckayaker-
>>>> bounces at rockandwater.net] On Behalf Of Richard Clifford
>>>
>>>
>>>>     Relax, the town will not incur 'additional' legal expenses  
>>>> as it
>>>> already is protected by a policy of insurance and the duty (of the
>>>> insurance company) to defend on the claim
>>>
>>> ******************************************************************** 
>>> **
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