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Nye Bevan

(25,406 posts)
Sun Mar 30, 2014, 02:43 PM Mar 2014

Guy climbs rock in park, falls off and gets hurt, sues city because there was no "No Climbing" sign.

A Brooklyn man is suing the city after falling from a large boulder in a Hudson River Park that he says was just begging to be climbed. “Just because I’m an adult doesn’t mean I don’t get to explore the world, too,” said Jonathan Stock, 32, who ruptured his Achilles tendon in the fall.

The personal trainer was hanging out with friends in a lower Manhattan stretch of the park in June when they spotted an artistic arrangement of rocks of various shapes and sizes at the water’s edge. Most of the rocks are flat, and range from a couple of inches to a few feet tall. But the centerpiece is a 10-foot-tall, rectangular boulder with a slight slope on one side.

“I ran and jumped it, and I pretty much knew exactly what happened right away. I tried to stand up and fell back down on my face completely,” he said. Stock needed surgery to repair his right Achilles. At the time, he lived in a third-floor Manhattan walkup and says he was trapped inside for weeks due to the injury.

Now suing the city and the Hudson River Park Trust in Manhattan Supreme Court for unspecified damages, Stock claims the tall rock “created a dangerous condition.” Stock’s lawyer says the absence of a sign barring climbing is negligence. “It just invites you or anybody with any athletic sense to give it a try,” said attorney Andrew Spinnell.

http://nypost.com/2014/03/30/man-sues-after-getting-hurt-while-climbing-rock-in-city-park/


Jonthan Stock. Climbed a rock. Fell off and sued. What a crock. Hey, I'm a poet and didn't know it.
39 replies = new reply since forum marked as read
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Guy climbs rock in park, falls off and gets hurt, sues city because there was no "No Climbing" sign. (Original Post) Nye Bevan Mar 2014 OP
yep! oldandhappy Mar 2014 #1
“Just because I’m an adult doesn’t mean I don’t get to explore the world, too,” Liberal_in_LA Mar 2014 #2
He should lose his claim to be "an adult". nm rhett o rick Mar 2014 #17
I don't have confidence that the NY Post tells the whole story. spooky3 Mar 2014 #3
better picture of the rocks Liberal_in_LA Mar 2014 #4
I don't know what they could have left out. Erich Bloodaxe BSN Mar 2014 #11
not just the trees.... Takket Mar 2014 #14
People should not be allowed in parks ...... oldhippie Mar 2014 #24
Hopefully, if this gets to court, the jury will be logical. nt Sarah Ibarruri Mar 2014 #5
Or not Mz Pip Mar 2014 #32
You think? Maybe not. nt Sarah Ibarruri Mar 2014 #37
I think they would be hysterical--as in laughing hysterically nt tblue37 Mar 2014 #38
I think so. nt Sarah Ibarruri Mar 2014 #39
STOOPID guy! elleng Mar 2014 #6
contingency fee for personal injury treestar Mar 2014 #23
Idiot. nt City Lights Mar 2014 #7
Reminds me of an old, true story... Cooley Hurd Mar 2014 #8
Adults accept the consequences of their actions. Throd Mar 2014 #9
His achilles heel was his achilles heel. JaneyVee Mar 2014 #10
Please put me on that jury. hobbit709 Mar 2014 #12
Aside from anything else, I'd be pretty leery of hiring a personal petronius Mar 2014 #13
Sometimes I wonder how Seattle's Gas Works Park has never been closed due to litigation. Coventina Mar 2014 #15
These are the litte monsters seen in public running around giftedgirl77 Mar 2014 #16
If the city had a sign it would be an admission that the place was dangerous. rhett o rick Mar 2014 #18
Just wow. Mojo Electro Mar 2014 #19
I would be so embarrassed, I probably wouldn't even tell my family or friends what happened. Nye Bevan Mar 2014 #21
Chuckleheads like this one would sue even if there were a sign n/t n2doc Mar 2014 #20
Stupid culture elias7 Mar 2014 #22
Big time asshole. badtoworse Mar 2014 #25
guy is dumbass spanone Mar 2014 #26
New York Codes, Rules and Regulations (NYCRR) struggle4progress Mar 2014 #27
Flaming Moran!! nt 2naSalit Mar 2014 #28
This story is a brilliant example of everything that is wrong with our country. n/t Avalux Mar 2014 #29
So if he sticks his tongue on a frozen flag pole.... chknltl Mar 2014 #30
sigh, Niceguy1 Mar 2014 #31
You have to love scum bag lawyers. n-t Logical Mar 2014 #33
Hey, c'mon people...give the guy a break... pipi_k Mar 2014 #34
I'm guessing that the genetic deck is stacked against this guy. NaturalHigh Mar 2014 #35
"Why would anybody go climb a rock??"----Dick Lewiston thelordofhell Mar 2014 #36

spooky3

(34,456 posts)
3. I don't have confidence that the NY Post tells the whole story.
Sun Mar 30, 2014, 02:48 PM
Mar 2014

This could be another one of those "McDonald's coffee scalding" stories that the RWers love to trot out but leave out very important facts that change most people's views of the situation significantly.

Erich Bloodaxe BSN

(14,733 posts)
11. I don't know what they could have left out.
Sun Mar 30, 2014, 03:00 PM
Mar 2014

His own quotes are pretty damning, that he made a decision of his own volition to do something that anyone with half a brain would have realized had at least some small potential for self-injury. Is the park supposed to put 'Do not climb' signs on all of the trees, as well, to prevent them from 'calling out' to the 'athletically inclined' and prevent them from falling out of a tree and breaking their necks?

Takket

(21,573 posts)
14. not just the trees....
Sun Mar 30, 2014, 03:15 PM
Mar 2014

What about handrails? What about the "no climbing" sign ITSELF? Sure it is telling me not to climb the rocks but what is telling me not to climb the sign?

Mz Pip

(27,448 posts)
32. Or not
Sun Mar 30, 2014, 10:05 PM
Mar 2014

My experience on a jury makes me believe that people are more than happy to give away money if it isn't their own.

treestar

(82,383 posts)
23. contingency fee for personal injury
Sun Mar 30, 2014, 08:48 PM
Mar 2014

hopefully weeds out bad suits as attorneys get nothing if no recovery. But that doesn't mean there are no dumb attorneys out there.

 

Cooley Hurd

(26,877 posts)
8. Reminds me of an old, true story...
Sun Mar 30, 2014, 02:56 PM
Mar 2014

A pal of mine and myself tripped balls 30 years ago at a local gorge. In the midst of it, while I was trying to decipher what the waterfall was telegraphing to me ( ), he had the bright idea to scale DOWN the rock face! Of course, I was too hyper-focused on the waterfall to stop him until I realized he'd disappeared!

I walked to the edge and saw him three-fourths the way down it. Like the imbecile I can be at times, I yelled to him, "There's a purple snake on your back, man!" He looked (there WAS no snake), lost his grip and fell into the water. Uninjured, he climbed back up and said, "I'm not tripping with you again!" Can't blame him...

petronius

(26,602 posts)
13. Aside from anything else, I'd be pretty leery of hiring a personal
Sun Mar 30, 2014, 03:08 PM
Mar 2014

trainer with this in his background - it does not strike me as a professional recommendation...

Coventina

(27,120 posts)
15. Sometimes I wonder how Seattle's Gas Works Park has never been closed due to litigation.
Sun Mar 30, 2014, 03:15 PM
Mar 2014

I remember going there as a kid, and people would climb WAY UP on the old gas works.

Haven't been there in decades, though, so maybe the city has made it more difficult to do so.

 

giftedgirl77

(4,713 posts)
16. These are the litte monsters seen in public running around
Sun Mar 30, 2014, 03:17 PM
Mar 2014

climbing all over things while their parents either:

A. think it's cute; or

B. were to busy to pay attention to them.

The moral of this story is train your kids when they are young or they turn into morons like this.

 

rhett o rick

(55,981 posts)
18. If the city had a sign it would be an admission that the place was dangerous.
Sun Mar 30, 2014, 03:38 PM
Mar 2014

I can see it now, "The City knew it was dangerous because they had a sign stating such."

Mojo Electro

(362 posts)
19. Just wow.
Sun Mar 30, 2014, 03:44 PM
Mar 2014

"I ran and jumped it, and I pretty much knew exactly what happened right away. I tried to stand up and fell back down on my face completely,” for which somebody (other than me) needs to be held responsible!

"...large boulder in a Hudson River Park that he says was just begging to be climbed."



Quit trying to cash in. You chose to climb a rock, you fell and got hurt. It happens to the best of us. Suck it up, take some responsibility.

Nye Bevan

(25,406 posts)
21. I would be so embarrassed, I probably wouldn't even tell my family or friends what happened.
Sun Mar 30, 2014, 07:01 PM
Mar 2014

Let alone sue and have the whole world know how dumb I was.

struggle4progress

(118,290 posts)
27. New York Codes, Rules and Regulations (NYCRR)
Sun Mar 30, 2014, 09:51 PM
Mar 2014

Title 21 Miscellaneous
Chapter XVI Hudson River Park Trust
Part 751 Hudson River Park Rules and Regulations
s 751.6 Prohibited activities and uses.

Unless otherwise expressly permitted, the following is a list of prohibited activities and uses ...
(m) Disorderly behavior. It is prohibited for any person to engage in disorderly behavior in the park. Any person who engages in disorderly behavior may be expelled immediately from the park. A person is guilty of disorderly behavior who ... (2) climbs upon any wall, fence, shelter, railing, artwork, tree, shrub, fountain or other vegetation, or any structure or statue not specifically intended for climbing purposes ...


Art In The Park

chknltl

(10,558 posts)
30. So if he sticks his tongue on a frozen flag pole....
Sun Mar 30, 2014, 10:01 PM
Mar 2014

The potential for stupid lawsuits from stupid folks boggles the mind

pipi_k

(21,020 posts)
34. Hey, c'mon people...give the guy a break...
Sun Mar 30, 2014, 10:11 PM
Mar 2014

Rocks really DO beg to be climbed...


just like wild animals in the zoo just beg for someone to stick his head in between the bars of the cages


jeeze!









NaturalHigh

(12,778 posts)
35. I'm guessing that the genetic deck is stacked against this guy.
Sun Mar 30, 2014, 10:22 PM
Mar 2014

My wife tells me that God protects fools and small children, though.

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