NYCkayaker Danger

[Lee S. Goldsmith]

Reading the materials that have been engendered by this tragic situation
I am appalled by the amount of verbiage backed up by so little
knowledge.  The only facts we have are those that appeared in
newspapers.  There may be a great deal of additional information that
would change attitudes if heard in full or perhaps some individuals have
closed minds and facts when presented under oath in a courtroom would be
immaterial. 

I have long been under the impression that our legal system  is meant to
allow for disputes and dispute resolution before a jury of peers. Is
justice expensive?  Of course and you can most certainly ask that
question of every prison inmate freed as a result of new DNA evidence.
Is protecting the rights of the elderly, children and infirm expensive?
Of course. If however, you wish to convict an individual or deny access
to an individual by what appears in the media then lets do away with the
court system and allow vigilante justice and the strongest person wins.
If child of mine were killed as I result of an accident and I had the
power then I would have the right to kill the town officials involved.
That is, if I follow the logic presented to its most illogical
conclusion. 

	I can speak from personal knowledge. I have represented patients
in suits against hospitals and doctors for over 30 years. I have
represented defendant doctors sued by patients for over 30 years. I have
been the subject of a highly publicized legal malpractice case in which
I was successful based on a Supreme Court of New Jersey decision after 8
years of litigation.  
	The system works.  It may not be perfect, at times it may be
abused by a plaintiff or a defendant or their legal representatives but
it works. Come up with an alternative  other than one person's opinion
and I would listen to reason. 

	Lee Goldsmith, M.D., LLB

-----Original Message-----
From: nyckayaker-bounces at rockandwater.net
[mailto:nyckayaker-bounces at rockandwater.net] On Behalf Of Kai Mei
Sent: Thursday, January 10, 2008 7:27 AM
To: David Gottlieb
Cc: 'nyckayaker'
Subject: Re: NYCkayaker Danger

If you think this doesn't belong on a kayaking list, please tell me:

If the defendants lose or settle, what effects will this have for the
kayaking community and beach access? Named parties include the town,
firefighters and rescue workers.

I find it absurd that a lawyer can take this case, and cause the
defendants to spend money mounting a legal defense or have to weigh the
options between paying for a legal battle and settling.

Taxpayers are paying for those legal fees. Either directly or thru
insurance fees incurred by the defendants.

>> 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."

Kitesurfing and sea kayaking are quite similar, in that they both
require access to water, are inherently dangerous to life and limb, and
require due diligence and risk management. When practiced on cold waters
the margin for errors or bad luck is low.

On Jan 8, 2008, at 3:59 PM, David Gottlieb wrote:

> This law suit conversation is ridiculous.  I realize it is winter out 
> there.
> But there must be something else to talk about. I think what is 
> frivolous is this discussion. Let them fight it out in court. Yes, the

> lawsuit seems ridiculous. If it is frivolous, then the judge will be 
> wise enough to recognize it as such.
>
> Paddle wisely!!!!
>
> On 1/2/08 2:53 PM, "Kai Mei" <kai at newclear.us> wrote:
>
>> 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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>>> The NYCKayaker mailing list is hosted by www.rockandwater.net, and 
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>>> River Watertrail Association. Learn more about HRWA at www.hrwa.org
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>>
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>> *
>> The NYCKayaker mailing list is hosted by www.rockandwater.net, and is

>> a public service offered to the kayaking community by the Hudson 
>> River Watertrail Association. Learn more about HRWA at www.hrwa.org
>>
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>
>

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